PRETORIA - The new General Mining Laws Amendment Bill is being touted as a key intervention to curb illegal mining.
It proposes amendments to several pieces of legislation, including the insertion of a provision in the Criminal Procedure Act that would specifically criminalise illicit mining.
Justice and Constitutional Development Minister Mmamoloko Kubayi has also announced the Legal Practice Amendment Bill and the Regulation of Trusts Bill, which have been gazetted for public comment.
The General Mining Laws Amendment Bill proposes changes to several pieces of legislation, including the Criminal Procedure Act, the Minerals and Petroleum Resources Development Act and the Precious Metals Act.
Lawyers for Human Rights have welcomed the proposed legislative changes, but warn that enforcement should not focus solely on the so-called zama zamas, who are often driven by poverty and unemployment.
Another change is partly aimed at complying with a 2020 Constitutional Court judgment in favour of the EFF.
The court declared Section 18(2)(b) of the Riotous Assemblies Act of 1956 unconstitutional, finding that criminalising the incitement of a crime unjustifiably limits freedom of expression.
The minister says the new legislation seeks to strike a balance between protecting freedom of expression and prohibiting the incitement of violence.
Kubayi says Cabinet will now send the approved Conspiracy, Instigation and Incitement to Commit Offences Bill to Parliament for processing and consideration.
South Africans have until 11 September to submit their comments on the three other bills that have been gazetted for public comment.
- eNCA's Moloko Moloto reports.