The government is moving to repeal more than 100 apartheid-era laws in a bid to bring the country’s legislative framework in line with the Constitution.
Justice Minister Mmamoloko Kubayi announced during a media briefing in Pretoria on Tuesday that outdated laws, including the Riotous Assemblies Act, which was used to suppress anti-apartheid activism, would be repealed.
“Our laws have got to align with the current dispensation. Some of these laws that are being repealed were put in place in response to circumstances at the time, during apartheid. But now we have a rights-based Constitution, including the Bill of Rights,” Kubayi said.
As part of the legislative overhaul, several laws governing the mining sector are also being amended to ensure greater consistency and, importantly, to strengthen the legal framework for tackling the illicit mining and harvesting of minerals.
Kubayi said that while illicit mining was undesirable for a number of reasons, there was currently no specific provision in law that criminalised the practice.
“Currently, there’s nothing in the law that criminalises illicit mining. We are now empowering the police and the NPA to be able to respond to illegal mining, which has had a negative impact on communities, whether through damage to infrastructure, underground water and sewer pipes, electricity infrastructure, or a rise in gang violence that threatens the safety of residents,” the minister said.
Kubayi said that once the 123 pieces of outdated legislation have been repealed, the government will introduce further amendments aimed at scrapping an additional 25 apartheid-era laws.