NCOP Scrutinises Sandf Deployment Against Illegal Mining in Gauteng as Timeline Gaps and Oversight Concerns Emerge

The Joint Standing Committee on Defence (JSCD), in its report to the National Council of Provinces (NCOP), examined the legality and procedural compliance of the presidential directive authorising the deployment of the South African National Defence Force (SANDF) in cooperation with the South African Police Service. Specifically, the committee assessed whether the letter of 13 March 2026, along with its implementation, adhered to all relevant parliamentary rules, as well as the legislative framework and prescripts governing SANDF operations.

Providing context, the Acting Chairperson of the JSCD, Mr Pitso Noe, explained that in terms of Joint Rule 56(1) of Parliament's rules, the committee is mandated to report to both Houses of Parliament on any deployment of the South African National Defence Force (SANDF) by the President of the Republic, whether for the defence of the country or in cooperation with the South African Police Service (SAPS).

He noted that the President's letter was submitted to the Speaker of the National Assembly, tabled on 9 March 2026, and subsequently referred to the committee on 10 March 2026. Furthermore, he indicated that the letter complies with the requirements of Section 201(3) of the Constitution (Act 109 of 1996), as well as Section 18(2)(e) of the Defence Act (Act 42 of 2002), which obliges the President to inform Parliament of such deployments.

In this instance, the notification concerned the deployment of 550 SANDF members to support SAPS in combating crime and maintaining law and order in Gauteng under Operation Prosper against illegal mining. The deployment will occur from 30 January 2026 to 30 April 2026 at a cost of R80.7 million, Mr Pitsoe explained.

He further reported to the House that the JSCD considered the contents of the President's letter during its meeting on 13 March 2026. During its deliberations, the committee raised concerns regarding inconsistencies in the timeline, noting that the deployment letter was dated 5 March while the deployment itself commenced on 30 January 2026.

In addition, the committee recommended that the Minister of Defence provide clarification as to why SANDF members were deployed to the Free State and North West provinces, despite the letter referring only to deployments in Gauteng. Also, the Minister should also clarify under which authorisation the recent anti-gang deployment of SANDF in Eldorado Park and surrounding areas took place, Mr Pitsoe explained.

The JSCD further called for the urgent submission of the SANDF deployment letter referenced in the 2026 State of the Nation Address, in order to scrutinise its contents against subsequent developments. The report was thereafter tabled for noting.

Following its tabling, only the Western Cape registered a formal declaration. The province's permanent delegate to the NCOP, Mr Frederik Badenhorst, indicated the Western Cape supports the adoption of the report, but has reservations about the confusion arising from the letter before the committee, which appeared to retrospectively formalise a deployment that had already taken place on 30 January, without a clear explanation for this administrative lapse.

This raises concerns about compliance with the law and Parliament's oversight responsibilities, Mr Badenhorst said. More troubling still, he added, was the confusion created during committee engagements about the period and scope of this deployment as stated in the report. In this regard, clarity is not optional, he declared.

Nonetheless, and with these objections noted, the Western Cape supports the report because illegal mining and gang violence require decisive interventions. In addition, Mr Badenhorst noted that oversight on this matter must ensure that troops are protected and well-resourced and operate under a clear and lawful mandate that protects the integrity of public funds.

Abel Mputing
26 March 2026