On New Years’ Eve, the Stilfontein Magistrate’s Court has sentenced the second batch of illegal miners for illicit mining and contravention of the Immigration Act of 2002.
On Wednesday, North West police spokesperson Brig Sabata Mokgwabone said the accused include 10 Lesotho, four Mozambique and five Zimbabwe undocumented foreign nationals aged between 20 and 43.
Convicted, sentenced in December 2024
The 19 illegal miners were sentenced on December 31 2024.
Mokgwabone said the court handed down six months imprisonment or a R12, 000 fine to each of the accused for illegal mining.
The sentences are wholly suspended for the period of five years. This on condition that the accused are not convicted for contravention of Section 5A of Act 28 of 2002 as amended by Act 49 of 2008 and read with section 1, illegal mining committed during the period of suspension.
Mokgwabone said the accused were further sentenced to three months imprisonment or a R6, 000 fine. This is also wholly suspended for a period of five years on condition that they are not convicted for contravention of Section 49(1) (a) read with section 1, 9(3) & (4) of Act No. 13 of 2002 (undocumented immigrant—illegal entry) committed during the period of suspension.
Deported to various countries
Following the sentences, Mokgwabone said the accused were deported to their countries of origin. The deportation was carried out on Tuesday, January 7 2025, by Department of Home Affairs.
He said the accused were arrested at Margaret Shaft of the old Buffelsfontein goldmine in Stilfontein, North West. They resurfaced from the shaft in November 2024.
Mokgwabone said this group was sentenced 20 days after the first one.
Five more illegal miners resurface
Meanwhile, five illegal miners resurfaced at Margaret Shaft on Tuesday.
This brings the total number of illegal miners arrested between August 18 and January 7 to 1,567.
Mokgwabone said the Acting Provincial Commissioner of North West, Major General Patrick Asaneng, commended the arrests. He welcomed the conviction and subsequent deportation of the convicts. And he reiterated that Operation Vala Umgodi will continue to ensure that those who commit crime are dealt with in accordance of the law.
19 more previously convicted, deported
On December 11, the Stilfontein Magistrate’s Court convicted and sentenced 19 illegal miners. They were convicted for illegal mining and contravention of the Immigration Act.
Mokgwabone said the 19 men consist of 14 Lesotho nationals, four Mozambicans and one Zimbabwean. They are all undocumented foreign nationals.
The suspects are aged between 20 and 40.
He said the suspects were all sentenced to 24 months imprisonment. The sentence is wholly suspended for the period of five years. This on condition that the accused person is not convicted for contravention of Section 5A of Act 28 of 2008, read with section 1, illegal mining committed during the period of suspension.
In addition, each accused person was sentenced to six months imprisonment or a fine of R6000. This was wholly suspended for the period of five years, on condition that the accused person is not convicted for contravention of Section 49(1)(a) read with section 1, 9(3) & (4) of Act No. 13 of 2002 (undocumented immigrant – illegal entry) committed during the period of suspension.
To date nine bodies have been retrieved
Mokgwabone said the 19 accused were arrested in November. They had resurfaced from Margaret Shaft of the old, abandoned, disused Buffelsfontein gold mine in Stilfontein.
He said the Department of Home Affairs began processing the convicts for deportation.
Hundreds of illegal miners remain holed up underground in the abandoned Buffelsfontein gold mine. Residents of Khuma in Stilfontein have been providing food and water to the illegal miners underground.
To date, nine bodies have been recovered from Shaft 11 of the old Buffelsfontein goldmine.
