The Gauteng High Court, Pretoria, has ordered the government to allow emergency workers access to an abandoned mine in Stilfontein, where hundreds of illegal miners are trapped.
The court on Monday evening instructed the police to permit the miners to leave the mine without obstruction.
The interim ruling comes amidst growing concerns about the well-being of the miners, who have been without food and water supplies since police blockaded the mine. At least one decomposed body has been recovered.
The South African Human Rights Commission is investigating the police for restricting essential supplies.
David Van Wyk, lead researcher at Benchmarks Foundation, attributes the issue to 6 000 abandoned mines left vulnerable to illegal mining.
Police welcomed the decision but stressed that healthy miners will still be detained. Operations will continue at abandoned shafts in the area.
SA President Cyril Ramaphosa has labelled the Stilfontein mine a “crime scene” due to illegal mining activities.
In his weekly newsletter, Ramaphosa emphasised the government’s commitment to a peaceful resolution, citing concerns over the precarious and potentially volatile situation.
Ramaphosa highlighted the risks of illegal mining, including explosives, toxic fumes, and unstable shafts, which endanger not only the miners but also law enforcement.
He also noted links between illegal mining and organised crime syndicates, leading to violence and intimidation in communities.
The president acknowledged the economic impact of illicit mining, costing the country billions in lost revenue. Over 1 000 illegal miners have resurfaced, but others remain underground, fearing arrest.
Ramaphosa assured that law enforcement was working to bring miners safely to the surface while respecting their rights.
He emphasised the need for the mining industry to take responsibility for rehabilitating or closing non-operational mines. He further described the mine in the North West as a “crime scene” which remains precarious, uncertain, and potentially volatile.
More than 1000 miners have surfaced and have been arrested, while others initially refused out of fear of being apprehended.
However, police working with the army under Operation Vala Umgodi blocked water and food from being delivered to the miners, forcing more to resurface while others could not as they were reportedly weak and ill.
“It is well-established that illegal miners are recruited by criminal gangs and form part of wider organised crime syndicates. The hazardous nature of illicit and unregulated mining poses considerable risk in terms of the presence of explosives, inhaling toxic fumes, and the possible collapse of unstable mine shafts.
“This endangers not only the illegal miners, but also our police and other law enforcement agencies. Because of the many hazards such an operation poses, law enforcement agencies have been negotiating with the illegal miners since the stand-off began to get them to the surface and safety. Police, mine safety experts, and emergency and rescue personnel remain at the scene. The situation is precarious, uncertain, and potentially volatile,” he said.
Ramaphosa said illicit mining costs the economy billions of rands in lost export income, royalties, and taxes. He said they will continue to work with the mining industry to ensure they take responsibility for rehabilitating or closing mines that are no longer operational.
“Violence between rival gangs over the spoils of illicit mining has spilled over into surrounding communities and has cost a number of lives. We need to be clear that these miners’ activities are illegal. They pose a risk to our economy, communities, and personal safety.
“The Stilfontein mine is a crime scene where the offence of illegal mining is being committed. The police must take great care to ensure that lives are not put at risk and that the rights of all people are respected,” said the president.
As residents involved in rescue attempts resumed their efforts yesterday, they yielded no results but received correspondence from underground illegal miners.
Correspondence read: “Sicela ama ARVs plz, abantu bayawadinga ngapha. Siyacela” (We need ARVs, people need them here, please).
National Joint Operational and Intelligence Structure (NATJOINTS) chairperson Tebello Mosikili said part of the operational roll-out plan was to identify the exact number of people underground.
“To date, no authorities have been sent there so this will be clarified and determined by the team that will be sent underground after safety assessments have been done. | Additional reporting by Okuhle Hlati
The Star