The investment in Africa: Mining Indaba 2026 held in Cape Town between 9 and 12 February 2026 (Mining Indaba) placed the spotlight on the Mining and Natural Resources Sector in South Africa, and across Africa, more broadly, with many positive views being expressed regarding the opportunities presented by recognising the full value chain from extraction through to market, and the emphasis on collaborative efforts to unlock value for all stakeholders.
Unfortunately, in the week after Mining Indaba, two events have taken a bit of the shine off this positivity.
Earlier this week there were multiple media reports on the “gold rush” in Gugulethu Section, Springs with the reports indicating that community members had discovered “gold particles”, which resulted in many people descending on the area in search of gold. This is concerning for various reasons, most notably, socio-economic expectations that are unlikely to be realised simply because of the improbability of “gold particles” being found in any meaningful quantities, and the potential harm to the environment. Government’s response has been to declare the activities as illegal mining (correctly so), and the Ekurhuleni Municipality (which owns the land) has responded by confirming that any holes that are dug, will be closed up. The cautious response from government is understandable in the circumstances – confrontation with illegal miners and community members in the past has resulted in unwanted and tragic results.
The socio-economic drivers behind the “gold rush” are also understandable and are symptomatic of the broader socio-economic challenges faced by most South Africans.
As hopes are dashed of finding riches, people will depart the area, leaving behind holes in the ground, soil that has been moved and processed in water resources, and, potentially, pollution through the use of toxic materials such as mercury, which is used to separate gold particles from the sludge created when processing the soil. There is also a health and safety concern. If the holes are not closed, rainwater can fill the holes, and unfortunately, there have been many instances where children from communities have lost their lives in accumulations of water.
A strong, but cautious response from government is needed.
Reports of the mudslide at the Ekapa Mine in Kimberley on 17 February 2026 has again demonstrated how fragile health and safety can be. The mudslide reportedly occurred approximately 890m underground, with several mineworkers reported missing / unaccounted for. Mudslides are incredibly dangerous and if a person is caught in a mudslide, unfortunately, the prospects of survival are very low. The location (deep underground) and the limited access to underground excavations, make emergency response extremely challenging. This incident is also likely to trigger a renewed focus by the Department of Mineral Resources’ Mine Health and Safety Inspectorate, on enforcing compliance with the Missing Person Locator System Regulations, as set out in MHSA Regulation 16.7. While health and safety in South African mines have certainly improved, the mudslide event is a stark reminder that health and safety requires constant commitment, attention, vigilance and compliance.
For more information please contact Warren Beech at warren@bv-inc.co.za or Eben van Zyl at eben@bv-inc.co.za.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.