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

The complaint presents credible evidence that multiple mining operations, including active collieries, are conducting extractive activities on properties zoned “Agriculture” or otherwise classified as rural or residential, without the required rezoning or consent-use approvals under applicable planning legislation.

The DA has requested the Public Protector to investigate the conduct of the following persons and institutions in relation to these unlawful mining activities:

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

Key concerns set out in the complaint

“Despite formal DA correspondence dated 17 June 2025 notifying the MEC for CoGHSTA of the alleged contraventions, there was no acknowledgement or effective supervisory intervention,” said Tersia Marshall MPL DA Spokesperson for Agriculture, Rural Development, Land and Environmental Affairs.

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

The Municipality’s response omitted critical information, including the duration of unlawful mining activities, when the Municipality first became aware of the contraventions, reasons for delayed or absent enforcement, and whether these irregularities span multiple financial years.

Allegations the DA requests the Public Protector to investigate

1. Maladministration and failure to enforce land-use schemes;
2. Abuse of power through deliberate non-enforcement of planning and environmental laws;
3. Undue delay in exercising oversight and correcting property valuations;
4. Improper dealing with public money and potential improper enrichment or receipt of undue advantage;
5. The lawfulness and rationality of decisions permitting mining activities to continue without appropriate rezoning or approvals.

The DA’s position is that Mpumalanga’s agricultural land is strategic national infrastructure for food security, rural livelihoods, and economic sustainability. Its erosion through unlawful or improperly regulated mining activity is not merely a planning failure but a governance crisis that undermines the rule of law and public confidence.

The Constitution requires all spheres of government to act lawfully, rationally, and in the public interest. Where supervisory authorities are aware of illegality and fail to act, constitutional accountability mechanisms must be invoked.

“We are committed to defending lawful governance, environmental compliance, and the proper administration of public funds. Accordingly, the DA has requested an urgent investigation by the Public Protector and appropriate remedial action in the public interest,” concludes Tersia Marshall.