On Friday, 7 August 2026, the Department of Justice and Constitutional Development (Department) published the General (Mining) Laws amendment Bill, 2026 (August Bill) in Government Notice 4088 of 2026 (Notice).
The August Bill does not contain the comprehensive and far-reaching amendments that are currently under discussion amongst stakeholders within the mining industry through an initiative led by the Minerals Council of South Africa (MCSA).
However, the August Bill contains critical changes to the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA), the Criminal Procedure Act, No. 51 of 1977 (CPA), the Diamonds Act, No. 56 of 1986 (Diamonds Act), and the Precious Metals Act, No. 37 of 2005 (Precious Metals Act). The changes to the CPA, Diamonds Act and the Precious Metals Act are primarily focussed on extending offences and penalties.
The proposed amendments to the MPRDA include the following:
Definitions
Insertion of definitions of “artisanal mining”, “artisanal mining permit”, “authorised person”, and “small-scale mining permit”.
Section 5A – illegal prospecting and mining activities
The proposed amendments extend the prohibition against prospecting and mining operations without permits and rights to include commencement with any incidental work, and without the appropriate environmental authorisations.
Section 5B – probation of assistance in committing illegal prospecting and mining activities
A new Section 5B is to be inserted which provides that no person may assist or provide any service to any person direct or indirectly which enables or aids that person in committing an act contemplated in Section 5A.
Significant concerns have been raised in the stakeholder engagement processes regarding the insertion of this provision and the uncertainty around interpretation and application.
Section 91A – powers of members of the South African Police Services
The proposed Section 91A introduces wide powers for the South African Police Services and members of the South African Police Services will be “authorised persons” as contemplated in Section 91 of the MPRDA subject to certain exclusions such as conducting routine inspections in terms of Section 92 of the MPRDA and the issuing and enforcement of compliance notices in terms of Section 93 of the MPRDA. However, the Minister has the power to assign powers and functions under Sections 92 and 93 of the MPRDA to members of the South African Police Services.
Section 98 – unlawful activities as contemplated in Section 5A or 5B of the MPRDA
The August Bill proposes to extend the scope of application regarding unlawful activities to include persons who attempt, conspire with, aid, abet, induce, incite, instigate, instruct, command or procure another person to assist or provide any service to a person contemplated in Section 5A of the MPRDA.
Section 99 – increased penalties
The proposed amendments increase the possible penalties to be imposed under the MPRDA from R100,000.00 to R100 million or to imprisonment for a period not exceeding thirty years or to both such fine and such imprisonment.
The August Bill is not yet in force and effect. This still needs to be determined by the President by way of proclamation in a Government Gazette.
Stakeholders have been invited to submit written comments on the August Bill by Friday, 11 September 2026. A copy of the Notice (Notice 4088 of 2026) can be found here Notice and the August Bill can be found here Bill.
Stakeholders have been invited to submit written comments on the August Bill by Friday, 11 September 2026.
Should you require any more information, please contact Warren Beech at warren@bv-inc.co.za, Chantal Murdock at chantal@bv-inc.co.za or Bryan White at bryan@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.