DELMAS - A political and governance storm is brewing in Mpumalanga after the Democratic Alliance (DA) escalated allegations of unlawful mining and land-use violations in Victor Khanye Local Municipality to Public Protector South Africa (PPSA), prompting a formal investigation.

The complaint raises serious questions about zoning compliance, environmental oversight and the enforcement of planning legislation in an area traditionally associated with agricultural activity. At the heart of the dispute are claims that mining operations, including active collieries, are operating on land not zoned for extractive use.

In a statement issued on 17 February 2026, DA MPL Tersia Marshall, spokesperson for Agriculture, Rural Development, Land and Environmental Affairs, said the complaint is based on:

“Credible evidence that multiple mining undertakings, including active collieries, have been conducting extractive operations on land that remains zoned ‘Agriculture’ or otherwise classified as rural or residential, without the requisite rezoning or consent-use approvals required under applicable planning legislation.”

Marshall said provincial and municipal authorities were alerted as early as June 2025, yet no effective supervisory intervention followed.

“This raises serious constitutional concerns of deliberate decisions to monetise illegality, instead of enforcing compliance,” Marshall said. “This also undermines the rule of law and erodes public confidence in governance.”

The DA has requested the Public Protector to investigate several individuals and entities, including:

· Speedy Mashilo, MEC for Cooperative Governance, Human Settlements and Traditional Affairs

· Khethiwe Moeketsi, MEC for Agriculture, Rural Development, Land and Environmental Affairs

· Jesta Sidell, MEC for Economic Development

· Vusi Buda, Mayor of Victor Khanye Local Municipality

· The Mpumalanga regional office of the Department of Mineral Resources and Energy (DMRE)

Marshall described the alleged erosion of agricultural land as “not merely a planning failure, but a governance crisis,” warning of long-term implications for food security, rural livelihoods and environmental sustainability.

The Mpumalanga Department of Economic Development and Tourism has denied any involvement in or knowledge of illegal mining activities in the municipality.

Spokesperson Silence Mhlaba told the Highveld Chronicle:

“The Department of Economic Development and Tourism in Mpumalanga did not facilitate, promote nor support any of the mining operations in the Victor Khanye Local Municipality.”

Responding to whether economic development objectives were prioritised over land-use compliance, the department stated:

“The Department operates within the established legal framework and it will never engage in any activity that seeks to undermine the very same laws. To answer your question directly, we are not aware of any illegal mining activities in that area of the province.”

The department added that it was not aware of any incentives, grants or approvals granted in relation to the operations and confirmed it was not involved.

In a written response, the Office of Mayor Vusi Buda said the municipality acknowledges the complaint and remains committed to accountable governance.

“The Victor Khanye Local Municipality is aware of the proliferation of extractive activities within its jurisdiction,” the statement read. “The Municipality maintains a Land Use Management Scheme; however, the enforcement of mining rights is a concurrent function involving the Department of Mineral Resources and Energy (DMRE).”

On the use of fines, the municipality said:

“The Municipal Systems Act and relevant land-use by-laws provide for a stepped enforcement approach. Fines serve as an initial legal instrument to penalise contraventions. However, fines do not preclude further legal action.”

The municipality confirmed that persistent contraventions have been escalated to its Legal Services Unit for court proceedings, but cited financial constraints, noting it is operating under an unfunded budget requiring strict prioritisation of resources.

The municipality rejected allegations of inaction and welcomed the Public Protector’s intervention.

Public Protector Confirms Investigation

The Public Protector confirmed to the Highveld Chronicle that the matter is under active investigation.

Acting spokesperson Ndili Msoki said:

“The Public Protector South Africa (PPSA) confirms that it is investigating the matter. Our investigation process includes evaluating evidence and applying the appropriate legal framework before any findings can be finalised.”

Msoki explained that where there are preliminary adverse findings, a notice in terms of section 7(9) of the Public Protector Act 23 of 1994 will be delivered to affected and implicated persons to allow them to respond. Where there is insufficient evidence, a Discretionary Notice will be issued.

“At this stage, we are not in a position to provide a definitive timeline for completion. The PPSA will communicate the findings once the investigation is concluded,” she said.

Msoki further emphasised confidentiality provisions:

“Section 7(2) of the Public Protector Act 23 of 1994 prohibits the disclosure, by any person, of the contents of any document or record of any evidence given before the Public Protector or Deputy Public Protector during an investigation.”

The Mpumalanga Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA) has responded to the Highveld Chronicle regarding alleged unlawful mining in Victor Khanye Local Municipality.

The department said the Office of the MEC did not receive the alleged June 2025 correspondence alerting it to illegal mining activities.

“The correspondence was never received by the Office of the MEC and therefore, no further action can be taken.”

CoGHSTA stated that the MEC conducts oversight through programmes such as Taking Legislature to the People (TLP) and Executive Council outreach initiatives. During the 2025/26 financial year, three oversight visits were conducted in Victor Khanye, focusing on boreholes, subsidised housing and the Delmas Wastewater Treatment Works.

On constitutional oversight under Section 139, the department emphasised that land use management is implemented by municipalities in terms of Spatial Planning and Land-Use Management (SPLUMA), while mining applications are regulated under additional legislation administered by the Department of Mineral Resources and Energy and other relevant departments.

Regarding the municipality’s alleged decision to issue fines instead of halting unlawful land use, CoGHSTA said municipalities are autonomous institutions guided by legal prescripts.

The department added that illegal mining is receiving urgent attention at national and provincial level, including interventions announced during the February 2026 State of the Nation Address.

The response was issued by CoGHSTA’s Communications Directorate, Freddy Ngobe.

The publication sent detailed questions to the Department of Mineral Resources and Energy (DMRE) and the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs for a right of reply.

At the time of publication, no responses had been received from these departments.

With the investigation now formally underway, the findings of the Public Protector are expected to determine whether municipal and provincial authorities acted within the law or whether failures in oversight and enforcement enabled alleged unlawful mining activities to persist in Victor Khanye.

The outcome could have far-reaching implications not only for governance in Victor Khanye, but for how land-use compliance and mining regulation are monitored across Mpumalanga.