The South African Human Rights Commission (SAHRC) is investigating circumstances that resulted in the state’s failure to bring justice to the families of three workers who perished at Lily Mine in Barberton, Mpumalanga, 10 years ago.
The probe follows a formal complaint lodged by the families of Pretty Nkambule, Solomon Nyirenda and Yvonne Mnisi against the National Prosecuting Authority (NPA) and the Department of Mineral Resources and Energy (DMRE). They are accusing the two institutions of violating their constitutional rights to human dignity and just administrative action.
In a letter sent to the families on Monday, the commission confirmed that it has accepted the complaint for investigation.
Letter from victims’ families to SAHRC
“Kindly note that your complaint has been assessed and accepted for investigation. We will keep you updated on any developments in the investigation,” wrote SAHRC Mpumalanga provincial manager Eric Mokonyama.
The three workers were trapped underground on February 5, 2016, when a container office collapsed into a sinkhole at the Lily Mine near Barberton. Their bodies have never been retrieved.
In their submission to the commission, the families point to findings of a 2017 formal inquiry, which concluded that the disaster was not an unavoidable accident.
“A formal inquiry conducted in 2017 confirmed that the tragedy was foreseeable and preventable. It was arising from negligence and systemic failures in mine safety,” the families say.
The inquiry further found that criminal accountability could be pursued.
Criminal accountability on matter
“Importantly, the inquiry found that there was a reasonable basis upon which criminal accountability could be considered against relevant parties. It … recommended that the NPA consider prosecutorial action,” the complaint reads.
Despite this, the families say no meaningful progress has been made in a decade.
“Despite the gravity of these findings, and the fact that 10 years have passed since the tragedy, we have seen no decisive action that would advance accountability or justice,” they state.
A central grievance is the failure to retrieve the container believed to be holding the remains of the three workers.
“The continued failure to retrieve the container containing the remains of our deceased family members, despite repeated promises from government, further constitutes a violation of the right to human dignity,” the complaint says.
Prolonged wait for justice
The families add that they have endured prolonged suffering while waiting for action.
“The remains of our three family members have remained trapped less than 70 metres underground for 10 years. Notwithstanding the existence of a retrieval plan and confirmed technical expertise,” they say.
They also accuse the NPA of failing to communicate whether any prosecutorial decision has been taken. And they argu that this amounts to unconstitutional administrative inaction.
Political party ActionSA, which has supported the families since 2021, welcomed the SAHRC’s decision to investigate.
“The SAHRC’s confirmation that the complaint has been assessed and accepted for investigation is an important and overdue step toward restoring dignity, accountability and justice for families who have endured nearly a decade of pain, uncertainty and neglect,” said ActionSA president Herman Mashaba on Tuesday.
Mashaba said the case raises fundamental constitutional questions.
“The acceptance of this complaint affirms that the prolonged failure by the [NPA] and the [DMR] to act decisively raises serious constitutional and human rights concerns,” he said.
He added that the issue extends beyond Lily Mine.
ActionSA welcomes development
“We reiterate that justice delayed is justice denied. And that meaningful accountability is essential not only for the families affected by the Lily Mine tragedy, but for the integrity of South Africa’s constitutional democracy,” Mashaba said.
ActionSA previously led protests and handed a memorandum to the NPA in 2024. In the memorandum, it demanded accountability. But it says no substantive response has followed since.
The families have asked the SAHRC to investigate the alleged rights violations. To also make findings and issue remedial recommendations that are aimed at restoring dignity, accountability and closure.
The commission’s investigation is expected to focus on the conduct of the NPA and the DMRE. On the failure to implement retrieval plans, and whether the state’s prolonged inaction amounts to breaches of constitutional obligations.
NPA regional spokesperson Monica Nyuswa has failed to respond to detailed media enquiries in the past two weeks.
