The 22 illegal miners who were found guilty of stealing more than R120 million worth of gold dust have failed in their appeal in the Bloemfontein Supreme Court against their accumulative sentence of 1 905 years in jail.
“These illegal miners definitely did not go deep underground in the No 5 shaft of the Masimong Mine in the Goldfields to have a picnic,” said Judge Mojalefa Rampai. He also dismissed their appeal against their conviction on a total of 577 charges.
These charges varied from racketeering and violations of the Precious Metals Act and Immigrations Act, to theft, money laundering and organised crime.
Not everyone was charged with and convicted on the same crimes.
Most of the illegal miners are from Mozambique and Zimbabwe.
Their leader, Lovemore Chaba, and one of his deputies, Simon Mashava Cremora, were each effectively sentenced to 25 years in prison. The rest of the effective judgments vary from 20 to 22 years.
Chaba’s wife, Bongeka Makaula, was effectively sentenced to 20 years in jail.
The state also obtained a seizure order of R433 700 on this couple’s property.
Rampai said he could not fault the verdict of Judge Soma Naidoo, who convicted the miners after a 93-day court trial in Virginia in February 2017.
On the various sentences meted against the offenders, he conceded that some of the sentences were heavy, but he is convinced that it is not worryingly inappropriate when looking at the extent of the organised crime they have committed.
From the testimony heard in aggravation of the sentences, it is evident that illegal mining has a major effect on the Goldfield’s economy.
It is also clear that private and public law enforcement officers are running a losing battle against illegal miners, Rampai said.
The trial resulted from security actions at the Masimong Mine in 2014. It took two months to capture all 22 illegal miners.
Adv. Johan de Nysschen acted on behalf of the State, and Adv. Pieter Nel represented the appellants.
