GBV: Cases involving undocumented illegal miners a headache for law enforcement agencies

Undocumented illegal miners in Mpumalanga are getting away with gender-based violence (GBV) and other crimes as law enforcement agencies fail to finalise cases due to the perpetrators’ lack of identity.

This is according to Jabu Baloyi, a spokesperson for the Commission for Gender Equality (CGE).

GBV cases in mining sector

Baloyi said the issue of the withdrawal of GBV cases in the mining sector was discussed during a meeting with the Mineral Council South Africa in Braamfontein, Johannesburg, on 17 March. 

He said the meeting was a follow-up to the discussion held last year in Mbombela, Mpumalanga, whereby GBV victims revealed that their cases were withdrawn without explanation. 

“During the meeting, the council distanced its members from any wrongdoing, claiming that all its members were employing documented people. During the Mbombela engagement, the council representative did not attend, that is why we are engaging them now before releasing the report. The council accused the contractors of employing undocumented people,” said Baloyi.

Baloyi said during the Mbombela engagement; it transpired that “the high number of undocumented non-South African mineworkers contributes to the challenges that lead to non-prosecution of GBV cases“.

“The investigation heard that authorities struggle with identifying and tracing GBV suspects on cases alleged to have been committed by non-documented mineworkers coming from neighbouring countries.”

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He said the research into GBV in the mining sector started last year and will be published soon.   

Criminologist Willem Els said undocumented people in South Africa pose a problem for the police.

“When you are a South African, they have access to your biometrics. For instance, when you get a new ID, you’re fingerprinted, and other personal information is recorded. So that makes it easier for them in their investigation should they then find any physical evidence like fingerprints, DNA samples or any other things that can be used to prosecute or arrest these people.

“It can’t be done if it’s an illegal immigrant because they are not documented, and that poses a real challenge.”

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Els said to prevent crime being committed by undocumented people, the country needs to find a way to deal with the influx of illegal immigrants. 

“As long as we have a police service that is under-resourced, under-trained, and also underfunded, it is a challenge that we have in South Africa. And we should look at a joint strategy including mine authorities and home affairs.” 

Professor Witness Maluleke, acting head of the Department of Criminology and Criminal Justice, Rural Criminologist at the University of Limpopo, said, “The linkage of undocumented illegal miners with various crimes is reportedly serious and receiving less attention. This is commonly practised, with some of them becoming potential perpetrators of identity theft by impersonating others to avoid the consequences of their criminal actions.

“Even if they get arrested, most of their cases are often dropped, with their charges cited as being in South Africa unlawfully.”

He added that even if the suspects are deported, they “still manage to come back to South Africa illegally”.

Mineral Council SA spokesperson Allen Seccombe was not immediately available for comment.

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