The Star News

Justice delayed as ActionSA confronts NPA over Lily Mine trapped bodies

Masabata Mkwananzi|Published

Nearly ten years after three workers were buried alive at Lily Mine, their families are still seeking justice.

Shamila Batohi, the head of the National Prosecuting Authority (NPA), has come under fire from ActionSA for not pursuing justice, claiming that her leadership is solely to blame.

The tragedy, which occurred in 2016, claimed the lives of Pretty Nkambule, Yvonne Mnisi, and Solomon Nyirenda, whose bodies remain trapped inside the mine. 

Despite a 2023 magistrate’s ruling that criminal investigations were necessary against the mine owners, senior Minerals and Energy Department officials, and Barberton police officers, the NPA has yet to act. Families have been camping outside the mine, demanding answers and the retrieval of their loved ones ever since.

ActionSA has now signalled its intention to take Batohi to court for allegedly ignoring a court order to pursue criminal charges. 

Party leader Herman Mashaba said the delay not only undermines justice but also exposes attempts by mine owners and government officials to cover up the disaster.

“It took ActionSA's legal intervention to expose such lies,” Mashaba said, vowing that the party will continue to fight until the container is retrieved.

Thoko Mashiane, ActionSA member of the Mpumalanga Legislature, emphasised the gravity of the NPA’s inaction.

“Batohi’s failure to follow a court order is a serious breach of judicial authority and constitutional duty. Despite clear indications of negligence and regulatory failure, no decisive prosecutorial action has been taken. This prolonged inaction sends a chilling message to mine workers and their families: their lives can be lost with impunity,” she said.

Previously, The Star reported in September that, after nearly a decade of waiting, the long-delayed container retrieval at Lily Mine is set to begin within the next two months. The operation, led by Business Rescue Practitioners and estimated to cost around R800 million, offers a much-needed glimmer of hope for the families who have endured years of uncertainty and heartache.

ActionSA urged that the recovery be conducted with urgency, transparency, and compassion. The party also stressed the importance of engaging directly with affected families and applauded efforts to provide clarity and reassurance during this long-awaited operation. 

“Justice must no longer be buried alongside the victims of Lily Mine,” Mashiane added.

The Star

[email protected]