The public protector has been asked to investigate whether land zoned for agricultural, rural, or residential use in Delmas, Mpumalanga, has been allowed to be hijacked for unlawful mining operations. In a complaint lodged by the DA, some of the province’s political elite are accused of allowing the said land to be transformed into a lucrative illegal mining cash cow.
DA member of the provincial legislature Tersia Marshall called for a far-reaching investigation into what she described as the “monetisation” of illegal mining through deliberate non-enforcement of zoning, environmental, and land-use laws.
Those named in the complaint include the MEC for cooperative governance, human settlements and traditional affairs, Speedy Mashilo; the MEC for agriculture, rural development, land and environmental affairs, Khethiwe Moeketsi; and the MEC for economic development, Jesta Sidell.
Victor Khanye local municipality mayor, Vusi Buda, and senior municipal officials are also cited, alongside the Mpumalanga regional office of the Department of Mineral Resources and Energy (DMRE).
“On June 17, 2025, formal correspondence was addressed to [Mashilo] concerning credible allegations that multiple mining undertakings, including active collieries within the Victor Khanye local municipality, were conducting extractive activities on land that remains zoned ‘agriculture’ or otherwise classified as rural or residential,” Marshall wrote.
She complained that the municipality had opted to issue fines instead of shutting down unlawful operations, a move she said that pointed to deliberate decisions to “monetise illegality”.
The DA further claims that senior officials were aware of widespread zoning contraventions but failed to act.
The complaint also flags unresolved incorrect valuations of commercial and mining properties, warning that the municipality may have lost substantial revenue over several financial years because properties were undervalued.
Among the issues the DA wants probed are possible maladministration, abuse of power, deliberate non-enforcement, improper dealing with public money and potential improper enrichment.
The Office of the Public Protector confirmed it received the complaint. Spokesperson Ndile Msoki told Sunday World, “If the assessment finds sufficient information and jurisdiction, the matter will be allocated to an investigator to commence a formal probe,” Msoki explained.
Provincial agriculture spokesperson Zanele Shabangu said the matter does not fall under her department’s jurisdiction.
Silence Mhlaba, the spokesperson for the department of economic development and tourism, stated that Sidell was not aware of any allegations related to illegal mining in Victor Khanye and therefore could not have taken any action in response. He further noted that the province was actively combating illegal mining in areas such as Barberton and Sabie through Operation Vala Umgodi.
“This multidisciplinary, intelligence-driven approach that includes SAPS, specialised security, and home affairs has led to arrests, confiscation of equipment, and the dismantling of syndicates.”
Mhlaba emphasised that there was no failure to act or the enabling of illegal mining operations and the “monetisation of illegality”, as claimed by the DA.
“The characterisation is incorrect and far from the truth. The MEC will promptly institute an investigation as soon as she is made aware of such illegal activities.”
Freddy Ngobe, the spokesperson for the provincial cooperative governance, human settlements and traditional affairs department, said that Mashilo did not get any notice about the supposed illegal mining activities or zoning violations.
Ngobe confirmed that neither the MEC’s office nor the municipality had ever sent or received such letters.
“The standard procedure is for all political parties to submit questions to the Office of the Speaker, who will then forward them to the relevant department for handling. This matter of illegal mining is receiving urgent attention,” Ngobe said.
In its response to Sunday World, the Victor Khanye Local Municipality said it was aware of illegal mining operations within its jurisdiction but said it had not escalated the matter to the provincial government.
“The municipality maintains a Land Use Management Scheme; however, the enforcement of mining rights is a concurrent function involving the Department of Mineral Resources and Energy (DMRE). We are continuously monitoring land-use compliance across agricultural and rural zones,” said municipal spokesperson Muzi Duma.
By the time of publication, the DMRE had not responded to Sunday World.
