The Pretoria High Court has reserved judgment in the case concerning the recognition of illegal miners at the Stilfontein mineshaft. Judgment has been reserved until Monday.
The Society for the Protection of Our Constitution brought the matter before the court, arguing that the individuals reportedly remaining underground at the site are entitled to access basic necessities, including food and water.
NGO wants zama zamas treated with respect
Jose Melembe, principal inspector of mines in the North West, maintained in court documents that the miners are not trapped. This is because they are aware of a possible way out, but they remain underground to avoid arrest.
He said limited supply of food and water is being granted to the zama zamas (illegal miners). But other good such as generators and alcohol were strictly prohibited. He said that it would be a mockery of the justice system to allow such.
“Our investigations reveal that the illegal miners have been illegally going in and out of Stilfontein Mine shaft for over a year. Now that festive season is nearing, they want to exit the mine so they can send money home.
“However, the presence of police at Stilfontein and Magarent Mine shafts discourages them from resurfacing. Out of fear of being arrested. It is in this respect that their continuous presence there is Voluntary Assumption of Risk,” said Malembe.
He also argued that it was unsafe for non-professionals to enter and exit the shaft. The shaft is estimated to be 2km deep.
He also highlighted that the license holder was Buffelsfontein Gold Mines Limited. And that they should be liable for the rescue.
State says they are not trapped, they refuse to come out
“Whenever an emergency occurs at a mine that requires the deployment of mine rescue teams, the employer and any mines rescue service provide notified in terms of regulation 16.5(1)(d). And those whose assistance has been requested, must take reasonable measures. This… to ensure that the required mine rescue teams are deployed as soon as possible,” the court heard.
However, Yasim Omar, the NGO’s lawyer, has asserted that it did not matter what the people were doing down the shaft. She highlighted that they still needed to be respected as humans.
Police accused of sabotage against trapped illegal miners
Omar said the people are getting weaker. And she insisted that the government should find means to ensure that the people are rescued.
Omar also condemned the police for sabotaging means for the illegal miners to come out. This, she says, police did by destroying their pulley systems.
