The Society for the Protection of Our Constitution has condemned the state for assuming that the illegal miners understood the dangers they were facing when they went underground.
The NGO further stated that the government is responsible for providing food and water to the zama zama miners trapped in a mineshaft in Stilfontein, North West.
Yasim Omar, the NGO’s lawyer, argued in the Pretoria High Court on behalf of the illegal miners. She said that it remains the government’s duty to ensure the zama zamas access to basic needs. This was regardless of the reasons the illegal miners were underground, Omar said.
Least severe methods should be used
Omar clarified that the applicant does not aim to direct the SAPS on how to carry out their operations. But she emphasised that the least severe methods should be used, especially when it comes to basic human rights.
“They didn’t know that the police were going to surround them and close off the entrances to the mine. And they didn’t know that they were going to be starved in there. As a weapon to ensure that they submitted themselves to the police,” said Omar.
Omar said the second defence’s response is not a valid argument. The second defence claimed that the people took a risk for themselves when they went underground.
She stated that it was evident they did not give in to the risk of starving to death due to the police’s actions. Additionally, she argued that their entrapment and starvation were caused by the police interfering with their pulley systems.
The police removed the systems used to lift the zama zamas. This effectively prevented the community from offering help. Something which resulted in the miners being trapped underground.
A measure of brutality
Due to this, she said, the government will now need to get professional rescue teams. This in order to ensure that the thousands of people underground made it to the surface safely.
“The conduct of the respondents that this is simply a measure of law and order is simply not true. To detain people underground and to use tactics like starvation and prohibition of basic needs is not policing. This is not conventional policing.
“In fact, we must give it its true name, this is a measure of brutality. This kind of conduct and policing is not in line with a democracy like ours. The call of my client is for the government to comply with the Bill of Rights. The instrument we agreed will govern how we run our country,” said Omar.
