The South African Police Service (SAPS) and the National Prosecuting Authority (NPA) have been accused of colluding with mining corporations to protect elite interests while criminalising artisanal and small-scale mining.
The organisation Mining Affected Communities United in Action (Macua) made these accusations in its submission to the South African Human Rights Commission (SAHRC) ahead of the national inquiry into illegal mining, which is expected to kick off next month.
The organisation claimed that the SAPS and private security firms have 'consistently acted as enforcers for mining corporations, prioritising corporate security over human rights protections'.
Macua, in its submission, said the NPA failed to prosecute mining-related human rights abuses, 'demonstrating that the criminal justice system is not designed to protect communities but to safeguard the economic interests of the mining elite'.
The organisation said the mining industry has deep political connections, ensuring that corporate-backed policies remain entrenched.
It said many government officials have direct financial interests in mining operations, which created conflicts of interest that prevent regulatory enforcement.
The inquiry will focus on the policy framework around artisanal mining, its impact on human rights and the tactics used in Operation Vala Umgodi.
This was after the SAHRC received a complaint over the Stilfontein illegal mining operations, where thousands of miners were trapped in the mine, with many scared to leave for fear of being arrested by police officials.
When the operation ended, at least 87 bodies of illegal miners had been removed from the mine.
Police stopped food and water supplies to force the miners to leave the disused mine.
Macua said the Marikana Massacre set a precedent for the violent suppression of mining workers, where 34 striking miners were executed by police acting under corporate pressure.
The organisation said Stilfontein followed the same pattern, 'where police deliberately blocked humanitarian aid, arrested activists, and used force to suppress dissent'.
“Rather than dismantling corrupt networks, police operations disproportionately target small-scale miners while allowing larger syndicates linked to powerful elites to operate freely.”
“The Marikana Massacre remains one of the most egregious examples of judicial failure, with no police officers or government officials held accountable for the mass killings.
"At Stilfontein, multiple court rulings ordering the government to allow humanitarian aid were ignored, yet no legal consequences were imposed on SAPS officials. The failure of the NPA to prosecute these cases emboldens law enforcement to continue using violence against marginalised communities.”
Police spokesperson Athlenda Mathe said communities that live within areas where illicit mining activities are rife, complain of high levels of crime, adding that the SAPS has a duty to protect the citizens and their property.
“Through Vala Umgodi, SAPS has registered commendable progress in the fight against illicit mining with daily successes. Operation Vala Umgodi is registering commendable progress in the fight against illicit mining activities.
Since December 2023 to February more than 17,000 suspects have been arrested in seven hotspot provinces.
"More than 427 firearms, mostly handguns and high-calibre firearms, have been seized with an additional 10,679 rounds of ammunition. Police have also recovered 1,129 blasting cartridges and thousands of phendukas, and generators have been seized,” she said, adding that the allegations of police being involved as enforcers fo mining authorities should be reported to relevant authorities.
NPA spokesperson Advocate Mthunzi Mhaga said the NPA has not been made aware of any complaint of failure to prosecute cases relating to illicit mining and human rights violations.
"Should this office receive informal or formal complaints with details of the cases, we will address them accordingly,” Mhaga said.
Macua recommended that a specialised task force should be created to investigate the State and corporate collusion in the mining industry. The organisation said the police officials involved in human rights abuses against mining communities must be prosecuted.
The organisation also said that instead of criminalisation, a legal framework should be established to protect small-scale miners.
Bench Marks Foundation’s researcher, David van Wyk, said mining-affected communities are always at the short end of the stick when it comes to both positive and negative impacts and consequences of mining.
“Now that the minerals are approaching depletion, all the companies involved in large-scale industrial mining are leaving the country, abandoning the no longer "profitable" operations, abandoning also the large numbers of migrant workers who used to dig the gold, diamond and PGMs (platinum group metals) for these mainly Western corporations.
"This is leading to de-industrialisation as the few industries that emerged in South Africa mainly served the mines. This, in turn, is causing the collapse of mining towns, massive unemployment due to retrenchments, and an increase in inequality and poverty,” said Van Wyk.