Unlawful Mining in Victor Khanye Local Municipality

Statement by Tersia Marshall MPL – DA Spokesperson for Agriculture, Rural Development, Land and Environmental Affairs:

The Democratic Alliance (DA) in Mpumalanga has lodged a formal written complaint with the Public Protector concerning the following issues in Victor Khanye Local Municipality: unlawful mining activities on agricultural land, environmental statutory violations, irregular property valuations, and systemic maladministration by municipal and provincial authorities.

At the centre of the complaint is credible evidence that multiple mining undertakings, including active collieries, have been conducting extractive operations on land that remains zoned “Agriculture” or otherwise classified as rural or residential, without the requisite rezoning or consent-use approvals required under applicable planning legislation.

The DA requested the Public Protector to investigate the following individuals and entities over the illegal mining matter:

• The MEC for Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA), Speedy Mashilo.
• The MEC for Agriculture, Rural Development, Land and Environmental Affairs, Khethiwe Moeketsi.
• MEC for Economic Development, Jesta Sidell.
• Senior officials of Victor Khanye Local Municipality, including Mayor Vusi Buda.
• The Mpumalanga Regional Office of the Department of Mineral Resources and Energy (DMRE); and
• Any other official or organ of state who failed to discharge their constitutional obligations.

Despite formal correspondence from the DA dated 17 June 2025 alerting the MEC for CoGHSTA to the alleged contraventions, no acknowledgement or effective supervisory intervention followed.

Prior correspondence from the Executive Mayor to the MEC dated 29 May 2025 confirms that the Municipality was aware of widespread zoning contraventions and had opted to issue fines rather than enforce cessation of unlawful land uses.

This raises serious constitutional concerns of deliberate decisions to monetise illegality, instead of enforcing compliance. This also undermines the rule of law and erodes public confidence in governance.

Equally concerning is that the mayor’s correspondence fails to disclose the following:

• The duration of the unlawful mining activities.
• When the Municipality first became aware of the contraventions.
• Why enforcement action was not taken earlier.
• And whether the irregularities span multiple financial years.

The DA has also requested the Public Protector to investigate if the following occurred:

• Maladministration and failure to enforce land-use schemes.
• Abuse of power through deliberate non-enforcement.
• Undue delay in exercising oversight and correcting valuations.
• Improper dealing with public money.
• Potential improper enrichment or receipt of improper advantage.
• The lawfulness and rationality of decisions permitting mining operations to continue without rezoning.

The DA advocates for the protection of agricultural land and the rule of law, as Mpumalanga’s agricultural land is a strategic national infrastructure for food security, rural livelihoods, and economic sustainability. Its erosion through unlawful or improperly regulated mining activities represents not merely a planning failure, but a governance crisis.

The Constitution imposes an obligation on all spheres of government to act lawfully, rationally, and in public interest. Where supervisory authorities fail to intervene despite knowledge of illegality, constitutional accountability mechanisms must be activated.

We remain committed to defending lawful governance, environmental compliance, and the proper administration of public funds. Therefore, we requested urgent investigation and appropriate remedial action in public interest.