UNDOCUMENTED CHILDREN AND PERSONS INVOLVED  IN ILLICIT MINING AT MOTLOSANA, DR KENNETH KAUNDA DISTRICT

• The North West Provincial Department of Social Development is responding to the detention of 96 undocumented children arrested alongside illicit miners in Khuma, Stilfontein.
• These children, primarily from SADC countries, are being provided with health services, legal assistance, and secure accommodation while awaiting court proceedings under the Child Justice Act.
• In collaboration with embassies and cultural mediators, the department is ensuring their rights are upheld and facilitating their eventual repatriation or placement in protective care, reaffirming its commitment to child protection under South African and international laws.

In the city of Pretoria on 27 November 2024, the North West Provincial Department of Social Development has received information indicating that approximately 96 undocumented children have been arrested and detained as part of an operation targeting illicit miners in Khuma, Stilfontein. Most of the illicit miners, including the undocumented children, are believed to originate from Southern African Development Community (SADC) countries, namely Mozambique, Namibia, Zimbabwe, and Lesotho.

In accordance with the Constitution of South Africa, the Children’s Act, the Child Justice Act, and the United Nations Convention on the Rights of the Child (UNCRC), the Department of Social Development is mandated to protect the rights of children. Based on the outcomes of court proceedings, the department will seek to place all identified and legally declared undocumented children in appropriate accommodation and provide for their basic needs while they await processing under the Child Justice Act.

The court will, in line with the provisions of the Child Justice Act, formally charge the children, who will be placed in the safety of departmental facilities during the proceedings.

To address language barriers, the department has identified cultural mediators to assist with translation. Additionally, engagements with the Zimbabwean and Mozambican embassies are underway to facilitate the issuance of repatriation certificates or travel documents. Health services have also been provided to ensure the children are in good health and that their rights have not been violated.

As part of its child protection services, the department will conduct a comprehensive assessment to determine whether these children are in need of care and protection. The department will continue to provide the necessary support until the repatriation process is concluded.

Issued by the National Department of Social Development