The Department of Mineral Resources (DMR) today, Wednesday, 28 September 2011, welcomed the sentence imposed on Mr Mfundo Manzi, who was convicted of illegal mining.
Magistrate Leon Ferreira, in a landmark judgment at the Umlazi Magistrate Court this morning re-affirmed the view of the department, that illegal mining cannot be tolerated as it causes enormous damage to the ecosystems and the environment in the province. Magistrate Ferreira sentenced Mr Mfundo Manzi (trading as Dollar Mining Trading CC) as follows:
- count 1 of mining without a right, permit or permission: He was fined R10 000 or 5 months imprisonment and a further R50 000 or 15 months imprisonment, the latter which is suspended for a period of 5 years provided that the accused is not found guilty of the same offence
- count 2 and 3 of failing to comply with a directive or order given to him by the DMR on three separate occasions: He was fined R10 000 or 6 months imprisonment the whole of which is suspended for a period of five years on condition that the accused is not convicted of the same offence.
The DMR said, “we commend our officials, led by the regional manager, for steadfastly pursuing this matter, with limited resources, and securing a landmark conviction. It is our considered belief that this conviction will serve as an important basis further to prosecute people or entities that embark upon these illegal mining activities.
“We still remain gravely concerned about the prevalence of these types of cases in the KwaZulu-Natal area. We have, to date, identified 116 cases of illegal mining activities which are taking place in areas such as eThekwini, Umlazi, Umvoti, Stanger, Illovo, as well South Coast.
“We welcome this judgement and agree with the sentiments of the magistrate that these actions cannot be tolerated for they wilfully put a strain on the already overburdened taxpayers who ultimately have to foot the bill for the rehabilitation of these illegally mined areas.”
Meanwhile, the DMR, working together with the National Prosecuting Authority (NPA) and the Asset Forfeiture Unit as well as the South African Police Service (SAPS), are currently working on a strategy to ensure that assets of these illegal operators are attached following due process. “These ground-breaking measures will further buttress the recent actions of Minister Susan Shabangu, wherein she is applying the letter and the spirit of the law Minerals and Petroleum Resources Development Act (MPRDA) without fear or favour.
“These enforcement measures will also apply to current right holders who do not comply with the provisions of the law and who make promises in their social and labour plans, mining works programmes as well as the Environmental Management Plans which they wilfully fail to implement,” Spokesperson Bheki Khumalo concluded.
Enquiries:
Bheki Khumalo
Tel: (012) 444 3075
Cell: 082 773 2388
