South Africans urged to comment on new laws targeting illegal mining, trusts and legal practice

NATIONAL NEWS - South Africans are being urged to have their voices heard on proposed legislation dealing with illegal mining, the legal profession, the administration of trusts and incitement to commit serious offences.

At a media briefing on Tuesday, Justice and Constitutional Development Minister Mmamoloko Kubayi outlined four Bills: the General (Mining) Laws Amendment Bill 2026, Legal Practice Amendment Bill 2026, Regulation of Trusts Bill and Conspiracy, Instigation and Incitement to Commit Offence Bill 2026.

The first three Bills have been published for public comment, while the Conspiracy, Instigation and Incitement to Commit Offence Bill will now be submitted to Parliament for processing and adoption.

New mining Bill targets illegal mining and Zama Zamas

Government says the proposed amendments are aimed at criminalising illicit mining activities and strengthening enforcement, rather than penalising permitted artisanal miners.

Kubayi stressed that the General (Mining) Laws Amendment Bill is not intended to target artisanal miners operating with permits, but rather those involved in illegal mining, commonly known as Zama Zamas.

The Minister said the Bill seeks to address the challenges associated with illicit mining, which is currently prohibited but for which certain related activities are not specifically criminal offences.

“Illicit mining has negative effects on communities in and around mining towns, damages the infrastructure of affected areas such as underground water pipes which then affects water security and poses a serious threat to the safety and security of the affected communities, in many instances where we saw sinkholes,” she said.

Kubayi said illicit mining has also been linked to kidnapping, human trafficking, child labour and forced labour, while illegal mining gangs have been associated with violent crimes involving illegal firearms, rape, murder, intimidation, housebreaking, theft, assault and corruption.

The Bill proposes amendments to several pieces of legislation, including the Criminal Procedure Act of 1977, Diamonds Act of 1986, Minerals and Petroleum Resources Development Act of 2002 and Precious Metals Act of 2005.

Proposed illegal mining penalties

Among the proposed amendments:

Clause 1 amends Schedule 1 to the Criminal Procedure Act by proposing the inclusion of offences relating to illegal prospecting and mining activities, as well as assisting with such activities.
Clause 2 amends section 87 of the Diamonds Act to increase the penalty for contravening section 82(a) or (b) from a fine of R250,000 to a fine of up to R100 million and imprisonment of up to 30 years, compared with the current maximum of 10 years.
The same clause proposes increasing penalties for contravening sections 82(c), 83(a) or 84(a) from a fine of up to R100,000 to up to R100 million, while increasing the maximum imprisonment term from four years to 30 years.
Clause 7 proposes inserting section 91A into the Minerals and Petroleum Resources Development Act to empower members of the South African Police Service to perform certain compliance functions. This would exclude routine inspections and the issuing of compliance notices.

Legal Practice Amendment Bill proposes changes to legal profession

The proposed amendments aim to improve legal practitioner skills, broaden access to the profession and strengthen access to justice.

The Legal Practice Amendment Bill 2026 primarily seeks to amend the Legal Practice Act of 2014.

Kubayi said the proposed changes are intended to develop and enhance the skills of legal practitioners, improve access to the legal profession and justice, and address practical challenges in implementing the Act.

“These amendments have been called for by various practitioners in the sector,” she said.

Proposed changes include amendments to the powers and functions of the South African Legal Practice Council, including allowing it to assess the reasonableness of fees and disbursements for non-litigious work where these cannot be determined by taxing masters of courts or tribunals.

The Bill also proposes protecting Council employees and members of its substructures from liability for damages arising from actions carried out in good faith.

Other proposed amendments would allow Council decisions to be taken where fewer than 12 members are present at a meeting and remove the restriction that only one annual appropriation can be made by the Legal Practitioners’ Fidelity Fund.

A full list of proposed amendments is available from the Department of Justice and Constitutional Development.

New Trusts Bill targets accountability and money laundering risks

Government wants to strengthen oversight of trusts, protect beneficiaries and improve transparency under legislation that has not been comprehensively reviewed for 38 years.

Kubayi said the Trust Property Control Act of 1988 has not been amended for 38 years and that the proposed Regulation of Trusts Bill seeks to address shortcomings in the current framework.

She said South Africa's socio-economic, legal and practical environment has changed significantly since the Act was introduced.

The Bill seeks to address weaknesses that may allow trustees to evade accountability, limit effective oversight by the Master of the High Court and provide inadequate protection for beneficiaries.

It also aims to improve transparency in the management and control of trust property, reducing the risk of trusts being misused for money laundering and other criminal activities.

The proposed legislation will also seek to align South Africa's trust regulations with recommendations from the Financial Action Task Force (FATF) without creating unnecessary regulatory burdens.

Key proposed trust law changes

The amendments include:

Protection of vulnerable persons, with greater accountability for trustees and transparency in managing and controlling trust property.
Stronger oversight by the Master’s Office, while ensuring trustee compliance obligations remain proportionate to the objectives of the Bill.
New offences and penalties, with further information available from the Department of Justice and Constitutional Development.

New Bill seeks to replace apartheid-era Riotous Assemblies Act

The proposed Conspiracy, Instigation and Incitement to Commit Offence Bill seeks to repeal legislation dating back to 1956 and introduce new provisions dealing with serious offences.

The Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 proposes the repeal of the Riotous Assemblies Act of 1956, legislation originally introduced during apartheid.

Kubayi said the Act has been identified as apartheid- and colonial-era legislation that should be repealed or replaced.

She noted that many provisions of the Act have already been repealed, leaving the preamble and sections 16, 17 and 18 in force.

The Minister said the legislation also serves as a reminder of past atrocities that continue to affect reconciliation in South Africa.

What the new Bill proposes

Clause 1 defines a serious offence as an offence listed in the Bill's Schedule for which a period of imprisonment exceeding six months may be imposed.

It also creates provisions relating to:

Conspiring with another person to commit an offence.
Instigating another person to commit a serious offence.
Inciting another person to commit a serious offence.

Clause 2 provides for the repeal of the Riotous Assemblies Act.

Clause 3 deals with the short title and commencement of the new legislation.

Public urged to comment before 11 September deadline

Civil society, businesses, organised labour and members of the public are being encouraged to submit their views on the proposed legislation.

Kubayi urged stakeholders and members of the public to participate in the public consultation process and provide input that could help strengthen the Bills.

She said regularly reviewing legislation helps ensure that laws remain fair, effective and relevant, while supporting equality before the law.