NPA’S ASSET FORFEITURE UNIT SECURES R13 MILLION PRESERVATION ORDER IN FIGHT AGAINST ILLEGAL MINING

05 June 2025

NPA’S ASSET FORFEITURE UNIT SECURES R13 MILLION PRESERVATION ORDER IN FIGHT AGAINST ILLEGAL MINING

Kimberley, Northern Cape - The Asset Forfeiture Unit (AFU) has successfully secured a preservation order from the High Court of South Africa, Northern Cape Division sitting in Kimberley, to preserve mining equipment estimated at R13 024 000.00. The order was granted on 04 June 2025. The preserved assets include 244 generators, 155 jackhammers, and 58 heavy-duty drills, which were seized during law enforcement operations aimed at tackling rampant illegal diamond mining in and around Kleinsee and Port Nolloth. These tools were identified as instrumentalities used in the commission of the offence of illegal mining. The operation, conducted jointly by numerous units of the South African Police Service (SAPS) and private mining security during October 2023, was carried out on restricted mining properties owned by De Beers. These properties, specifically Portion 0 of the Farm Twee Pad No. 178, Portion 0 of the Farm Sandkop No. 322, and Portion 0 of the Farm Kleinzee No. 654, had been declared off-limits to illegal miners through an interdict obtained in 2023.

Despite the court interdict, illegal mining persisted on these properties. The order had been prominently displayed at entrances to the area’s hostels and distributed in multiple African languages. However, the illegal mining activities continued unabated, prompting SAPS to act. The extensive raid led to the seizure of the equipment, which was booked as exhibits at Kleinsee and Port Nolloth police stations under Kleinsee CAS 21/09/2023. Notably, no individual has come forward to claim ownership of the seized equipment, a strong indication of its use in illicit operations.

The matter was referred to the NPA’s Asset Forfeiture Unit following a detailed investigation by the Financial Investigation Unit (AFI). The AFU then instituted a Chapter 6 application to preserve the tools for potential forfeiture. The preservation of these assets forms part of a broader strategy to disrupt the operations of criminal networks involved in illegal mining and to weaken the infrastructure that sustains such unlawful activities. By removing the tools of the trade from offenders, the AFU contributes meaningfully to the country’s efforts to uphold the rule of law and protect South Africa’s natural resources. All suspects arrested during the operation were identified as foreign nationals and have since been deported to their countries of origin.

The National Prosecuting Authority’s Asset Forfeiture Unit (AFU) has achieved a significant milestone in the fight against illegal mining, securing a preservation order valued at over R13 million. This decisive action underscores the NPA’s commitment to dismantling the criminal economy that fuels illicit mining operations and undermines the country’s natural resource wealth. The preservation order, granted by the target's assets linked to suspected illegal mining activities. This intervention is part of a broader, multi-disciplinary approach involving the other law enforcement partners. Together, these efforts are aimed at disrupting the financial flows of criminal syndicates, restoring the rule of law, and protecting communities affected by illegal mining. "Illicit mining is not just an environmental and safety hazard, it’s a deeply embedded criminal enterprise. Through strategic asset forfeiture, we are hitting criminals where it hurts most in their pockets," said DPP Livingstone Sekata.

Issued by:

Mojalefa Senokoatsane
NPA Regional Spokesperson
Northern Cape Division
MSenokoatsane@npa.gov.za
073 423 3539