A MINE WORKER SENTENCED FOR WORKING WITH ILLEGAL MINERS
Domingos Julius Macucule a mine worker from Kopanang Mine in Vierfontein in the Free State has been convicted and sentenced for contravening Sections 22(B) 22(F) Read with Sections 91 (1) (A)(B) And 92(5) of the Mine Health Safety Act 29 Of 1996. Illegal mining has been on the increase in mining towns wherein the illegal miners popularly known as Zama Zamas have made it near impossible for mining houses to continue mining in the different shafts thus diminishing their profit margins and affecting job creation opportunities as new employee appointments and new positions are not possible due to loss of profits. The trend of the Zama Zamas is to occupy unused shafts as their base and continue with their illegal activities, in the Vierfontein area their trend is to use employees of the mine as mules which they would pay them to take out whatever mineral they would have mined for delivery to their buyers on surface.
In the same trend, the other employees are paid to transport goods like cigarettes, foodstuffs, batteries, lamps, etc underground when they report on duty, and this is done for the sustenance of the Zama Zamas who would then be able to survive prolonged periods underground thus being able to steal larger quantities of the minerals being mined. On 05 August 2022, the accused Domingos Julius Macucule employed as a rock drill operator at Kopanang VMR mine was arrested after he was found by the mine securities in possession of contraband which he was taking underground for the illegal miners. These contrabands included 12 AAA batteries, packets of tartaric acid, and packets of cigarettes concealed in bread and fruits.
Due to the complexities arising from cases of illegal mining, it was difficult to charge the accused with other possible counts that were intended to curb this scourge of illegal mining, as the sentences which could be meted in the charges would be relatively minor as it was mostly common law offences. The Prosecutor Mohlatlhego Mphasha undertook a bit of research on the Mine Health Safety Act to see if there were no other charges that could not be formulated from the said Act, and I then drew and drafted the charges as proffered against the accused in this matter.
On 12 June 2023, the trial commenced, and the prosecution called four witnesses who testified on the arrest of the accused, the fact that the accused is a mine employee and was duly trained and inducted on items that are regarded as contraband by the mine and the consequences thereof. They further testified on the financial implications for the mine when the Zama Zamas are sustained by employees which leads to them remaining underground for long periods and posing a danger to the employees and the shafts themselves due to violence, fire risks, etc. The witnesses further testified to the fact that transporting goods to the illegal miners is a lucrative business for the employees as they are paid anything between R5000 and up to R25000 for each successful delivery thus creating a hub for unscrupulous employees to continue sustaining the illegal miners.
At the close of the state’s case the accused took to his defence and admitted all elements of the offence save to deny that he had acted unlawfully alleging that he was threatened by the illegal miners who promised to kill him should he not bring down the items as listed above. The court rejected his defence, in that he had not called any witnesses to that effect and that he had ample time and opportunity to report the supposed threats to mine security, the police, his shift boss, and his shift commander and elected not to do so, of which the only conclusion would be that there were no such threats. Further, the style he had used to conceal the items also indicated that he either had prior experience in packaging the contraband or was taught and practised how to do it. Thus, the only conclusion was that he was motivated by the prospects of easy money.
The court agreed with the prosecution and the accused was found guilty and sentenced to a fine of R10 000 or 6-months imprisonment, this sentence being the first in the Province of the Free State on the preferred charges.
