South Africans urged to have their say on major law reform Bills

South Africans have been given an opportunity to help shape several proposed changes to the country’s laws, with the government calling on the public, civil society, business and labour to submit their views before the deadline.

Justice and Constitutional Development Minister Mmamoloko Kubayi outlined four pieces of legislation during a media briefing on Tuesday, covering some of the country’s most pressing legal and social issues.

Three Bills are now open for public comment, while the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 is set to move to Parliament for further processing.

The deadline for submissions on the Bills available for public comment is 11 September 2026.

Tougher approach proposed for illegal mining

One of the biggest changes concerns the government’s proposed response to illicit mining, an issue that has affected communities across South Africa.

The General (Mining) Laws Amendment Bill 2026 is aimed at strengthening the legal response to illegal mining and activities linked to it.

Kubayi stressed that the proposed legislation is not intended to target artisanal miners who legally hold permits. Instead, its focus is on unlawful mining operations, commonly associated with so-called Zama Zamas.

The government says illicit mining can have consequences well beyond abandoned mine shafts. Communities in mining areas have faced damage to infrastructure, including underground water pipes, while sinkholes and other safety risks have added to concerns.

Authorities have also linked illegal mining networks to serious crimes, including human trafficking, child and forced labour, kidnapping, murder, rape, intimidation, assault, theft and corruption.

Penalties could rise sharply

The proposed amendments would affect several pieces of legislation, including the Criminal Procedure Act, Diamonds Act, Minerals and Petroleum Resources Development Act and Precious Metals Act.

Among the proposals is a dramatic increase in penalties under the Diamonds Act. Certain offences currently carrying fines of up to R250,000 could attract fines of up to R100 million, while maximum imprisonment would rise from 10 years to 30 years.

The Bill also proposes giving members of the South African Police Service additional compliance powers under the mining legislation, although certain inspection and compliance-notice powers would remain excluded.

Changes proposed for the legal profession

The Legal Practice Amendment Bill 2026 focuses on the way the legal profession operates and seeks to address practical challenges that have emerged since the Legal Practice Act came into effect.

According to Kubayi, the amendments are intended to support the development of legal practitioners, improve access to the profession and strengthen access to justice.

One proposal would give the South African Legal Practice Council the ability to assess whether fees and disbursements for certain non-litigious legal work are reasonable.

The Bill would also make changes to how Council decisions can be taken when fewer than 12 members are present and would allow the Legal Practitioners’ Fidelity Fund to make more than one appropriation rather than being limited to an annual appropriation.

For ordinary South Africans, these changes could matter because the legal profession plays a direct role in access to justice and the cost of obtaining legal assistance.

Trust laws face a major overhaul

Another significant proposal involves South Africa’s trust system.

The Trust Property Control Act of 1988 has not undergone a comprehensive review in 38 years. The proposed Regulation of Trusts Bill is intended to bring the framework in line with the realities of modern South Africa.

The government says the existing system has weaknesses that can make it difficult to hold trustees accountable and can limit the Master of the High Court’s ability to provide effective oversight.

The proposed changes would also strengthen protections for beneficiaries and improve transparency around the management and control of trust property.

This is particularly important because authorities are concerned that insufficient transparency could allow trusts to be misused for money laundering and other criminal activity.

The Bill also seeks to bring South Africa’s trust regulation into line with recommendations from the Financial Action Task Force while avoiding unnecessary regulatory burdens.

Apartheid-era law could finally be repealed

The fourth Bill deals with a different chapter of South Africa’s legal history.

The Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 seeks to repeal the Riotous Assemblies Act of 1956, legislation introduced during apartheid.

The government describes the Act as part of the country’s apartheid and colonial-era legislative framework. While many of its provisions have already been repealed, sections 16, 17 and 18, along with the preamble, remain.

The new Bill proposes a modern framework dealing with conspiracy, instigation and incitement relating to serious offences.

It defines a serious offence as one listed in the Bill’s Schedule for which imprisonment of more than six months may be imposed.

Unlike the other three Bills, this legislation is now set to proceed to Parliament for consideration and adoption.

Why public participation matters

The government’s invitation comes at a time when debates around illegal mining, access to justice, financial crime and the country’s legal legacy remain highly relevant.

Public participation gives South Africans an opportunity to scrutinise proposed laws before they become part of the country’s legal framework.

Kubayi argued that regularly reviewing legislation helps ensure that laws remain relevant, fair and capable of responding to changing social, technological and political circumstances.

How to submit your comments

The Department of Justice and Constitutional Development has made the full Bills and supporting information available through its website.

Department of Justice and Constitutional Development

The closing date for submissions is 11 September 2026.

South Africans, civil society organisations, businesses and labour representatives are encouraged to read the proposed legislation and submit their views before the deadline.

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