Deputy Minister of Police, Polly Boshielo, has expressed disappointment over the suspended sentences handed to illegal miners in Stilfontein, North West, warning that the leniency sets a dangerous precedent in South Africa’s fight against illicit mining.
Boshielo’s remarks come in response to recent court rulings where a group of illegal miners—colloquially known as zama zamas—received wholly suspended sentences after being charged with illegal mining and contraventions of the Immigration Act.
Court’s Lenient Sentences Spark Outrage
Last week, IOL reported that several miners who were rescued from disused mines appeared before the Stilfontein Magistrate’s Court. The first group of accused miners—10 from Lesotho, 4 from Mozambique, and 5 from Zimbabwe, all aged between 20 and 43—received a six-month imprisonment sentence or a R12,000 fine for illegal mining.
Additionally, they were handed a three-month sentence or R6,000 fine for violating the Immigration Act. However, all sentences were suspended for five years, contingent on the miners not committing similar offenses within that period.
North West provincial police spokesperson, Brigadier Sabata Mokgwabone, confirmed the sentencing but noted the frustration among law enforcement and government officials.
‘A Bad Precedent,’ Says Boshielo
In an interview with Newzroom Afrika, Boshielo criticized the court’s decision, emphasizing the potential long-term damage to South Africa’s efforts to curb illegal mining.
“This is a setback,” she said. “When you look at the demographics, it’s clear these miners are predominantly undocumented foreign nationals—997 Mozambicans, 427 Zimbabweans, 120 Basotho, and only 21 South Africans. What message are we sending? That people can exploit our resources illegally, make money, and escape with minimal consequences?”
Boshielo warned that such leniency undermines the rule of law and could lead to chaos. “This is an attack on our economy and an act of sabotage. Instead of deterring crime, we are turning these individuals into heroes.”
Allegations Against SAPS and Humanitarian Concerns
The issue is further complicated by claims of police interference in providing essentials to trapped miners. In December, the Pretoria High Court found the SAPS in violation of a court order allowing volunteers and charitable organizations to deliver food, water, and medication to miners underground.
Mining Affected Community in Action (Macua) filed the complaint after police reportedly blocked relief efforts. Boshielo, however, defended the police, stating, “We were not blocking food. We were focused on apprehending individuals as they emerged.”
Tragedy at Stilfontein Mine
Amid the legal battles, the tragic loss of more than 50 lives has brought further criticism to the government. According to the South African Federation of Trade Unions (Saftu), the deaths of miners at Stilfontein highlight systemic failures in addressing illicit mining.
Over two days of a State-sponsored rescue mission, 106 illegal miners were brought to the surface and arrested, while 51 bodies were extracted from the mine shaft.
The Bigger Picture
The Stilfontein case raises critical questions about South Africa’s ability to tackle illegal mining effectively. While the government grapples with legal and humanitarian challenges, the economic and social implications of illicit mining remain a pressing concern.
