The Pretoria High Court has rejected an application by the Society for the Protection of our Constitution for the government to provide basic needs to illegal miners still under the mineshaft in Stilfontein.
The non-profit organisation (NGO) had approached the court, accusing the government of mistreating the miners after food and water supplies to the mineshaft were stopped.
Yasim Omar, the NGO’s lawyer, argued that limiting these supplies resulted in the miners being sick and weakened, therefore finding it hard to find their way out.
On Monday, Judge Brenda Neukircher dismissed the application with no order for costs.
She stated that the NGO had failed to provide convincing evidence to show that the government’s response to the situation was unjust.
“In my view, given that the society has no expertise of its own in this area, has not engaged an expert to put evidence on this issue before court, and has not demonstrated that the rescue efforts can and should be conducted differently.
“The only conclusion to be drawn is that mine rescue operations are underway and all necessary efforts are being made to rescue the miners,” said Neukircher.
All exit routes for illegal miners are available
The judge also noted that alternative exit routes for the zama zamas had been available from the start.
She concluded that the society’s claims had been proved to be non-factual by the respondents and were based on incorrect facts.
“In my view, and given the facts as set out supra, the issues of the constitutionality of the respondents’ actions are not engaged at all as the application was premised upon facts which have been shown to be incorrect,” said Neukircher.
The police have also reported that 14 illegal miners have come out, this included a 14-year-old boy.
National police spokesperson Brigadier Athlenda Mathe said other illegal miners ran back into the shaft after realising that the police were stationed outside the disused mine exit point.
She highlighted that this proved that they are not trapped but rather refusing to come out, considering that they would be arrested.
“They chose to come out late at night, thinking police are no more standing static,” said Mathe.
