Why don’t the SAPS simply arrest the Zama Zamas?
4 September 2023
Above is the common question when illegal mining hits the media headlines, which happens quite regular lately.
However, illegal mining comprises complex interactions with countless variables with no simple solutions.
Illegal mining is the comprehensive term that we use when referring to prospecting for precious metal and diamonds without a valid mining permit issued by the Department of Minerals and Energy. Illegal miners include both industrial style mining with large, often automated machines designed for the task, whether open cast or underground. It also refers to artisanal miners.
The Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development defines artisanal and small-scale mining (ASM) as a range of operations “from small, informal subsistence activities through to organised, formal, small commercial mining activities”. Artisanal mining is broadly understood to refer to “mining activities that are labour-intensive and capital-, mechanisation- and technology-poor”. Zama Zamas are classified to this group. Zama Zama is a Zulu term loosely translated to “take a chance” or also “take a gamble”.
Image: Artisanal mining is broadly understood to refer to “mining activities that are labour-intensive and capital-, mechanisation- and technology-poor”.
Due to the recent high profile media coverage this article will refer to the suburb of Riverlea in Johannesburg.
The area is better known for the George Harrison Park located in Langlaagte next Riverlea. The park was created and named to commemorate the official discovery of the gold-rich Main Reef pebble conglomerate by itinerant Australian prospector George Harrison in early 1886 (Gavin Whitfield). The park forms part of two claims (No. 19 and 21) which were granted to George Harrison and his prospecting partner George Walker respectively by G. C. Oosthuizen, owner of Portion A of Langlaagte farm, in terms of mining law at the time. (Harrison soon sold his claim for £10 and disappeared).
The area became the site of several Langlaagte gold mining syndicates that operated to the south of the line of the Main Reef. In November 1886 the small township of Paarlshoop was laid out to the north of what is now Main Reef Road (at the same time as Johannesburg was being laid out). A variety of Langlaagte mining companies have held the ground, and this in part became consolidated into the much larger Crown Mines area in 1909, ultimately part of the Rand Mines group.
The site was declared a National Monument in 1944 and is now considered a Provincial Heritage Site. Surface rights were apparently donated Historical Monuments Commission eventually becoming the South African Heritage Resource Agency (SAHRA). The donated ground was transferred to the City of Johannesburg and control now falls under management of Johannesburg City Parks. (Gavin Whitfield)
IMAGE: George Harrison Park. Left: Then. Right: Now
Records show that the Main Reef Leader reef was the most prolific, assaying at ounces per ton. It is an mystery why the George Harrison Park exposure was not mined, possibly remaining as a structural pillar next to the old incline shaft, or due to lower than normal gold content. As far as is known this is the only accessible, well-exposed example of the Main Reef that exists.
George Harrison Park lies between an unstable mined-out area to the south and the arterial Main Reef Road (R41) to the north. Further to the south is the working class suburb of Riverlea. To the north lies Paarlshoop, a small working class society and semi-industrial area, whose main occupier is the Abraham Kriel Orphanage.
It is generally acknowledged that this geological and historical site is one of South Africa’s most important.
In a Democratic Alliance statement by James Lorimer of 30 July 2023 the party raised its concerns about the many gunbattles in and around the squatter camp Zamimphilo and Riverlea for months. Police are usually absent from these battles. The same is true about police actions, if any, against illegal miners countrywide. The DA has objected about the failure of the police to inform the public about what is happening and what they are doing about the matter. Until they do so, the belief will spread that police are too weak to tackle the gangs or else they are paid off to do nothing proactive about the centre of criminality that is Zamimphilo.
However, according to Professor Robert Thornton in “Zamazama, “illegal” artisanal miners, severely misrepresented by Press and Government” it is not clear under what legislation or bylaws the activities of these miners are illegal. While they are often trespassing on mine-owned property, this same property is crisscrossed with pathways that are used by everyone in the vicinity.
South African laws that pertain to the surface do not govern the underground resources. It is illegal to own or trade in raw gold and other ‘precious metals’ but until the final process that results in refined metallic gold, the material they deal in is just dust and dirt. They know that this (usually) contains gold, but according to Thornton anyone might become equally guilty by loading a wheelbarrow with dirt from a hole since the whole area is underlain by the Rand Goldfields.
When arrested, illegal miners often escape prosecution for the criminal offences they commit. The purpose of illegal mining is to steal product (gold-bearing material (GBM) or similar minerals). Unless they are found in possession of product, illegal miners cannot be charged with theft of GBM.
Unlike government that merely promises jobs, or industry that often sheds jobs, each of these miners creates not just their own jobs, but provides employment or sustenance for probably 10-20 other people in their communities.
For the most part, the illegal miners are not ‘stealing gold’ from the registered industrial mines. Most of the gold bearing ore that they mine is not exploitable using industrial methods. The Zama Zama exploits resources that are too shallow, or too lean for standard mining methods. They make up for this by their knowledge of the geology, selecting ‘belts’ (veins) that are likely to contain good grades, and then hand select the richest rock.
They do this with the help of members of their communities including women, youth and children. In other words, they create a complex value chain that runs from extraction of ore to the sale of gold on world markets. Although their knowledge and technology are local, the artisanal miners are an integral part of a vast global market.
The magnitude of the problem
To understand the magnitude of artisanal mining we have to consider the influence it has on the lives of those involved.
Alan Martin, an author and independent researcher offers a few fascinating facts involving artisanal miners.
Since 1995 mining employment dropped from 380000 to 119000 in 2014. Approximately 261000 people became unemployed during this time. Where are these people?
70% of illegal miners (Zama Zamas) are undocumented foreigners. How did they get into the country? How do they stay without detection?
According to the Department of Minerals and Energy applications for prospecting permits must be done online. The process is daunting, even for educated people.
There are more than 100 scrap dealers in Johannesburg that deal in precious metals. The police do not have the resources to monitor such a large number of high-risk sites.
The Department of Mineral Resources is the sole custodian of mining in South Africa. The police are excluded from oversight or monitoring the processes.
On the surface of illegal mining is a parallel illicit economy. Apart offering equipment such as spades, hammers, stolen explosives etc, prostitution and food are also in high demand. A loaf of bread can sell for up to R100 underground (above ground about R10) and a bucket of Kentucky has been found to change hands for R1000 (above ground about R200).
A storage facility in Johannesburg was uncovered with more than R 800 000 worth of groceries destined for the miners.
Taxi ranks are dedicated to Zama Zamas for transport to and from the mines.
Kieran Ryan, an independent filmmaker and Daily Maverick journalist found that there are about 20000 to 30000 artisanal miners at time per day underground.
The sheer size of the problem is emphasized by the fact that there are about 200 000km of tunnels under Johannesburg.
Access to the tunnels are generally controlled by armed gangs from Lesotho, to whom miners are paying protection fees. The Marashea, or “Russians,” gangs have their origins in mining compounds on the Witwatersrand, where Basotho laborers banded together in the nineteen-forties. (Gary Kynoch, in “We Are Fighting the World: A History of the Marashea Gangs in South Africa, 1947–1999.”)
Image: Johannesburg has a tunnel network of more than 200 000km long.
Illegal mining are not confined to Johannesburg or Langlaagte only. Zama Zamas are active throughout South Africa where there is mining for precious metals.
Minister Gwede Mantashe alleged that there are some 6100 “derelict and ownerless” mines in South Africa. (SANews.co.za).
The Langlaagte Zama Zamas are continuing their operations in close proximity above, next to and below the underground Petronet fuel line between Durban and Johannesburg. This is the same area where the Randwater line passes that supplies most of Johannesburg’s water reservoirs. Both these lines are National Keypoints.
The consequences of illegal mining
In 2022 Minister of Minerals and Energy, Gwede Mantashe said of illegal mining, “This criminal activity is in contravention of our laws and forms part of many other economic related crimes that are afflicting our society. Illegal mining is associated with very serious crimes such as illicit financial flows and high levels of violence, including gender-based violence and femicide. Furthermore, we have witnessed human trafficking, smuggling of weapons, and explosives linked to this crime.”
“Historically, illegal mining was associated with derelict and ownerless mines; however, it is now having an impact on operational and licensed mines. It is estimated that the South African economy and the mining sector lost approximately R49 billion in 2019 to illegal mining,” he said.
Dr Elize Strydom, senior executive of the Chamber of Mines has expressed concerns about the various crimes caused by illegal mining. The following were stressed:
The economy
- Costs to industry and fiscus estimated at more than R20 billion a year in lost sales, taxes and royalties
- Theft of copper, electricity cables, dragline cables, diesel, and materials prejudice the economic viability of companies and pose risks to mine infrastructure
- Significant increase in security costs and costs related to unnecessary stoppages, repairs and maintenance
- Cost to state and mining companies to commission Mines Rescue Services for rescues
- Unquantifiable environmental and social costs
The social impact
- Influx of undocumented immigrants (90% of arrested illegal miners are undocumented immigrants)
- Significant safety and health risks to illegal miners and miners at legal operations, as well as communities
- Increase in crime and illegal trade - explosives, diesel, copper cables and other equipment from mines
- Destroys the social fabric of mining communities – fear, coercion, human rights abuses, prostitution, and substance abuse
- Number of mining accidents/incidents and near-misses in recent years related to illegal mining
- Risk of interruption of electricity supply (theft of copper cables) to underground workings
- Threats to employees, booby traps, tampering with mine equipment
- Crimes such as corruption, theft fraud, conspiracy and money laundering emanates from illegal mining.
Watch the remarkable BBC documentary, “We are Zama Zama” to see the struggles of artisanal mining.
The Illegal Mine Market System
(Dr Elize Strydom)
The illegal mining market is a well-managed five-tier system:
- Tier 1: Illegal miners
The underground workers, mostly illegal immigrants, do the physical mining. Many have worked in the mines previously. They use chemical substances to refine the product with primitive processes..
- Tier 2: Buyers on surface, around the mine
They often organise Tier 1 illegal miners and support them with food, protection and equipment.
- Tier 3: Regional bulk buyers
Often entities with permits issued under the Precious Metals Act.
- Tier 4: National and international distributors
Distribution through front companies and legitimate exporters.
- Tier 5: Top international receivers
Usually through international refineries and intermediary companies.
The responsible authorities
Following the short narrative above of the problem, it is obvious that the South African Police Service cannot be solely accountable for policing illegal mining in South Africa. In fact, in the absence of proper legislation and inadequate resources, the police can only function in a supportive role.
Image: The police can only function in a supportive role in the control of Zama Zamas.
The accountability of the different stakeholders is clear in the different Acts pertaining to each. These are depicted in the various Acts and websites:
South African Police Service
SA Police Act 68 of 1995 (inter alia)
- Ensure the safety and security of all persons and property in the national territory
- Uphold and safeguard the fundamental rights of every person as guaranteed by chapter 3 of the Constitution
- Reflect respect for victims of crime and an understanding of their needs
Department of Mineral Resources and Energy
The Mineral Regulation Branch is led by Deputy Director General, refer to as Mineral Regulation Management.
The Branch’s function is to regulate the minerals and mining sector to promote economic growth, employment, transformation and sustainable development.
Mineral Regulation is also responsible for the administration of prospecting rights, mining rights, mining permits and compliance with the MPRDA, including environmental management.
The prospecting right will be granted if:
- you have access to financial resources and expertise to conduct the proposed prospecting operation optimally
- you have a financing plan that is compatible with the intended prospecting operation and for the duration thereof
- you are able to comply with the Mine Health and Safety 1996 (Act 29 of 1996)
- you are not contravening the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002)
- no other person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land
- no unacceptable pollution or damage to the environment will occur as a result of the prospecting operation.
- Apply for environmental authorization at the same time.
Department of Home Affairs
The DHA is custodian, protector and verifier of the identity and status of citizens and other persons resident in South Africa.
Secondly, the DHA controls, regulates and facilitates immigration and the movement of persons through ports of entry. It also provides civics and immigration services at foreign missions; and determines the status of asylum seekers and refugees in accordance with international obligations. The department thus makes a significant contribution to ensuring national security, enabling economic development and promoting good international relations.
Border Control Authority (established June 2013)
The Authority is responsible for the execution of frontline border law enforcement functions related to, inter alia, port health; immigration control; access control; biosecurity; food safety and phyto-sanitary control; land border infrastructure development and maintenance; and border information and risk management.
Mine owners
As an example of the measures in the formal mining sector we use the security measures installed by Sibanje Stillwater:
Control measures include biometric access control systems, smart turnstiles, remotely-operated padlocks, intelligent lamp room controls, sterile interlocked material conveyance facilities, closed-circuit television systems with thermal capability, unmanned aerial vehicles, intensified stop-and-search procedures, highly-trained search-and-rescue teams, reward systems, as well as saturation patrols and armed guarding, among others. Comprehensive screening is also conducted at pre-employment level to better manage high-risk employee engagement and placement.
An anonymous reporting platform, managed externally is also available to Sibanye-Stillwater to facilitate anonymous tip-offs and whistleblowing. Many of the calls provide valuable leads, which are investigated.
The mine owners also have the responsibility to secure and rehabilitate disused mines.
The Solution
Manuel Iglesias, European Union representative of the ENACT project revealed at a ISS seminar on 19 June 2019 that South Africa’s artisanal mining is the most lucrative and also the most violent of all countries. In his view, and his experience of 80 affected countries around the world, crimininalising and ignoring the poverty problem will be counterproductive. (See discussion here)
Kieran Ryan argues that legalising the illegal miners will eliminate layers of suppliers to sustain the community. The middlemen of the industry will be eliminated and relieve the workers from having to pay inflated prices for merchandise and protection money. Illegal mining is the primary income for millions of people in emerging countries.
Allan Martin of ISS claims that the Department of Mineral Resources and SA Diamonds and Precious Regulator are indifferent about the problem or are incapable to do their jobs.
On the balance of these allegations and arguments the Government is insisting on its commitment to eliminating illegal mining.
On 22 August 2022 the Minister of Police, Mr Beki Cele insisted (correctly) that the police cannot deal with illegal mining activities on their own. He believes that a multi-departmental approach to this crime is no longer an option.
Cele and Gwede Mantashe briefed the National Council of Provinces on interventions to curb illegal mining. Cele said safeguarding the country's precious metals from criminals and keeping communities safe required a strengthening of border control and immigration.
Other interventions suggested include:
- Improved enforcement of applicable legislation by relevant government departments;
- Improved coordination and cooperation with the Department of Justice and the National Prosecuting Authority; and
- Enhancing the capacity and skills of members involved in the proactive and reactive spheres of dealing with illegal mining.
Two weeks later, on Friday, September 9, 2022 Mineral Resources and Energy Minister Mantashe has warned that if not abated, illegal mining “will reach crisis proportions” and poses a “threat to national security, government authority and socio-economic development” in the country. A specialised cooperative unit is subsequently being formulated to deal with the scourge.
“The Department of Mineral Resources and Energy (DMRE) and South African Police Service (SAPS) have been working closely to design this specialised unit. I can confirm that there is now alignment between the two departments on how this unit should look like and operate. The Ministry of Police will at an appropriate time make the necessary announcements regarding the establishment of this unit.”
“However, I can safely say…that the unit is expected to be multi-disciplinary and will draw in skills from other departments. It will need to have the ability to detect, combat and investigate these crimes.”
This is one year later and we still have to see any of these promises coming to fruition.
Conclusion
The last accessible exposed spot of the gold bearing Main Reef to be found was in George Harrison Park. It fell to artisanal mining and has disappeared. More Heritage sites will be lost in favour of the Africanisation ideology.
Image: Portion of the Main Reef Leader ridge in the Langlaagte working.
Until there is a deliberate effort from government to address artisanal mining trends, the government will continue to lose control of parts of South Africa.
The liberation of a society is always preceded by lawlessness. Once the society is regulated, it ironically becomes part of the establishment that was challenged. However the orderly progression that follows benefits the larger social harmony.
Zama Zamas, known as artisanal miners are with us to stay, preferably in a legalized, orderly, and controlled environment.
Lieut Jan de Klerk is a former police officer and retired academic. This article will be appearing in the September edition of the Nongqai.
Gavin Whitfield, Why we should not waste effort maintaining this important heritage site. Heritage Portal 14/10/2015
Prof Robert Thornton, Zamazama, “illegal” artisanal miners, severely misrepresented by Press and Government, Submitted to : The Extractive Industries and Society: An International Journal. Elsevier. June 2014
http://www.journals.elsevier.com/the-extractiveindustries-and-society/
Dr Elize Strydom, Illegal mining Employment Relations and Legal
Chamber of Mines South Africa, Integrated Annual Review, 2016
http://www.mineralscouncil.org.za/reports/2016/download/CM-IR16-focus-illegal-mining.pdf
James Wellsted, Combating Illegal Mining, Sibanye Stillwater https://reports.sibanyestillwater.com/2021/download/SSW-FS21-Combatting-illegal-mining.pdf
Dark world of the Zama Zamas: illegal mining in SA 19 Jun 2019
https://enactafrica.org/events/dark-world-of-the-zama-zamas-illegal-mining-in-sa
Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development
