South Africans have been called on to make their voices heard on a series of proposed laws that could strengthen the fight against illegal mining, improve the legal profession, reform the administration of trusts and address offences involving conspiracy, instigation and incitement.
Justice and Constitutional Development Minister Mmamoloko Kubayi announced the proposed legislation during a media briefing on Tuesday, 18 August, urging the public to participate in the law-making process.
Meanwhile, the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 will now be submitted to Parliament for processing and adoption.
Kubayi stressed that the General (Mining) Laws Amendment Bill is not intended to target legitimate artisanal miners who operate with valid permits. Instead, it is aimed at tackling illegal mining syndicates, commonly known in South Africa as Zama Zamas.
She said illegal mining continues to have devastating consequences for mining communities, damaging infrastructure such as underground water pipes, threatening water security and contributing to dangerous sinkholes.
According to the Minister, illegal mining is also linked to serious organised crime, including kidnapping, human trafficking, child labour, forced labour, illegal firearms, rape, murder, theft, assault, intimidation and corruption.
The proposed legislation seeks to strengthen existing laws by introducing specific criminal offences for illegal prospecting and mining activities, while increasing penalties for those found guilty.
Among the most significant proposed changes is an increase in fines under the Diamonds Act from R250 000 to as much as R100 million for certain offences. Prison sentences could also increase from a maximum of 10 years to 30 years for serious violations. Other offences under the Act could similarly attract fines of up to R100 million and prison terms of up to 30 years.
The Bill also proposes giving members of the South African Police Service additional powers to enforce compliance with mining legislation, allowing police to carry out certain compliance functions currently provided for under the Minerals and Petroleum Resources Development Act.
Kubayi said the Legal Practice Amendment Bill aims to improve the legal profession by enhancing the skills of legal practitioners, expanding access to the profession and improving access to justice.
The proposed amendments would empower the South African Legal Practice Council to assess the reasonableness of legal fees for non-litigious work, allow Council decisions to be taken when fewer than 12 members are present, and provide greater flexibility for appropriations from the Legal Practitioners’ Fidelity Fund.
The Department of Justice and Constitutional Development has encouraged all interested individuals and organisations to study the draft legislation and submit comments before the public participation process closes. A full list of the proposed amendments is available on the department’s official website.
The General (Mining) Laws Amendment Bill 2026 was recently published for public comment alongside the Legal Practice Amendment Bill 2026 and the Regulation of Trusts Bill.
