Court grants preservation order to NPA in illegal mining case


By BAKANG MOKOTO

17 June 2025- The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in the North West Division has secured a preservation order from the North West High Court in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 (POCA). The order, granted on 13 June 2025, relates to approximately 39,058 metric tons of gold-bearing material (GBM) valued at an estimated R16 million.

The National Prosecuting Authority (NPA) regional spokesperson in North West, Sivenathi Gunya said the material is alleged to be the proceeds of unlawful activities and instrumentalities of offences listed in Schedule 1 of POCA. Gunya said the order follows investigations into illegal mining operations carried out between 2016 and 2020.

“During this period, certain suspects and entities reportedly transported GBM from a dormant mine to a processing plant in Stilfontein, Klerksdorp, where it was refined, contravening Section 4(1), read with Sections 1 and 20(1)(a), of the Precious Metals Act 37 of 2005. The suspects operated without a valid refining license.

“The accused have been arrested and are expected to appear in court on 2 July 2025. The NPA welcomes the court’s decision, which marks a significant step in the fight against illegal mining,” said Gunya.

Meanwhile, the Director of Public Prosecutions in the North West, Dr Rachel Makhari, praised the collaborative efforts of all stakeholders involved and commended the AFU for its ongoing commitment to removing the profits from crime. She reaffirmed the NPA’s resolve to prosecute those engaged in unlawful mining activities and to curb the scourge of illegal mining in the province.

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