Rights commission approached over ‘trapped’ illegal miners
Court grants an order preventing police from blocking the mine
17 November 2024 - 21:12
by Staff Writer
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Police minister Senzo Mchunu inspects the outside the mine shaft illegal miners are hiding underground in Stilfontein, November 15 2024. Picture: REUTERS/IHSAAN HAFFEJEE
One of the community leaders in charge of an operation to rescue illegal miners at a disused mine in Stilfontein, the North West, says they have approached the SA Human Rights Commission over the miners’ plight.
Community leader Johannes Qankase said on Sunday he and three others approached the commission earlier in November, asking it to intervene.
Rescue operations were suspended on Sunday and would resume on Monday.
“We could see that people’s rights are being undermined. The constitution is very clear that everyone has a right to life and a right to healthcare, water and food, but now people have been trapped underground and have gone days without food or water,” he said.
“So, we saw it fit for us to approach the human rights commission,” he said. “When we lodged a complaint we just told them that it was a matter of urgency and they were quick to respond. They [human rights commission officials] came here twice to investigate. They have not given us any feedback on what they have seen but we are happy they are acting.”
Qankase said they had been getting food and water donations from local shops. “Whatever money the zama zamas get, they spend it in this community, local shops ... so we went back to them and asked for donations,” he said.
Qankase said they had sent 400 instant porridge portions and some bottles of water underground on Tuesday.
One of four people who resurfaced on Saturday was badly injured. He had been beaten with a rock in the head in a fight for food underground.
“Eight people were fighting for 1kg of the instant porridge. It is bad down there,” he said.
About 100 volunteers have been assisting illegal miners using a rope to pull them out, while their families gather not far from the mine, waiting for the miners to resurface.
On Sunday, the area was quiet with no community volunteers and family members nearby. Two police vehicles were parked near the hole used by illegal miners to resurface.
Qankase said they decided to suspend operations on Sunday because some of the volunteers were tired.
“So, they had to go and spend some time with their families. We will commence again tomorrow [Monday], after some of them [volunteers] have regained their strength,” he said.
On Tuesday, the Society for the Protection of Our Constitution will be heading to the Pretoria high court to argue for the rights of the zama zamas.
Human rights activist Abderrahman Regragui argued in court papers that the illegal miners had been denied access to basic supplies as part of an official strategy against illegal mining.
The respondents in the matter are the ministers of co-operative governance & traditional affairs, police, mineral resources and social development.
On Saturday, the Pretoria high court granted an order preventing police from blocking the mine.
The court said pending the finalisation of the application, the mine shaft should be unblocked and may not be blocked “by any person or institution, whether government or private”.
“Any miners trapped shall be permitted to exit. No nonemergency personnel may enter the mine shaft,” reads the order.
In an affidavit, Regragui said the modus operandi of the official strategy was “illegal and unconstitutional”, as it disregarded the right to life and inflicted torture, among other things.
“It is widely reported that in the past few weeks more than 1,000 miners have surfaced at various mines in the North West with many reported to be weak, hungry and sick after going for weeks without basic supplies.
“These alleged illegal miners are suffering from lack of food, water and other necessities after police closed off the entrance used to transport these supplies,” Regragui said.
Regragui said unless the court granted their application, there was a real danger that thousands of people would die of starvation.
Since the police’s Operation Vala Umgodi, many have refused to resurface, fearing arrest.
The lack of food and water would cause anxiety, Regragui said.
“The lack of water will invariably result in these miners suffering from dehydration. In addition, miners suffering from chronic illnesses will be denied the right to combat chronic illnesses such as high blood pressure, diabetes and the like.”
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Rights commission approached over ‘trapped’ illegal miners
Court grants an order preventing police from blocking the mine
One of the community leaders in charge of an operation to rescue illegal miners at a disused mine in Stilfontein, the North West, says they have approached the SA Human Rights Commission over the miners’ plight.
Community leader Johannes Qankase said on Sunday he and three others approached the commission earlier in November, asking it to intervene.
Rescue operations were suspended on Sunday and would resume on Monday.
“We could see that people’s rights are being undermined. The constitution is very clear that everyone has a right to life and a right to healthcare, water and food, but now people have been trapped underground and have gone days without food or water,” he said.
“So, we saw it fit for us to approach the human rights commission,” he said. “When we lodged a complaint we just told them that it was a matter of urgency and they were quick to respond. They [human rights commission officials] came here twice to investigate. They have not given us any feedback on what they have seen but we are happy they are acting.”
Qankase said they had been getting food and water donations from local shops. “Whatever money the zama zamas get, they spend it in this community, local shops ... so we went back to them and asked for donations,” he said.
Qankase said they had sent 400 instant porridge portions and some bottles of water underground on Tuesday.
One of four people who resurfaced on Saturday was badly injured. He had been beaten with a rock in the head in a fight for food underground.
“Eight people were fighting for 1kg of the instant porridge. It is bad down there,” he said.
About 100 volunteers have been assisting illegal miners using a rope to pull them out, while their families gather not far from the mine, waiting for the miners to resurface.
On Sunday, the area was quiet with no community volunteers and family members nearby. Two police vehicles were parked near the hole used by illegal miners to resurface.
It’s not our job to retrieve criminals, says Ntshavheni on illegal miners
Qankase said they decided to suspend operations on Sunday because some of the volunteers were tired.
“So, they had to go and spend some time with their families. We will commence again tomorrow [Monday], after some of them [volunteers] have regained their strength,” he said.
On Tuesday, the Society for the Protection of Our Constitution will be heading to the Pretoria high court to argue for the rights of the zama zamas.
Human rights activist Abderrahman Regragui argued in court papers that the illegal miners had been denied access to basic supplies as part of an official strategy against illegal mining.
The respondents in the matter are the ministers of co-operative governance & traditional affairs, police, mineral resources and social development.
On Saturday, the Pretoria high court granted an order preventing police from blocking the mine.
The court said pending the finalisation of the application, the mine shaft should be unblocked and may not be blocked “by any person or institution, whether government or private”.
“Any miners trapped shall be permitted to exit. No nonemergency personnel may enter the mine shaft,” reads the order.
In an affidavit, Regragui said the modus operandi of the official strategy was “illegal and unconstitutional”, as it disregarded the right to life and inflicted torture, among other things.
“It is widely reported that in the past few weeks more than 1,000 miners have surfaced at various mines in the North West with many reported to be weak, hungry and sick after going for weeks without basic supplies.
“These alleged illegal miners are suffering from lack of food, water and other necessities after police closed off the entrance used to transport these supplies,” Regragui said.
Regragui said unless the court granted their application, there was a real danger that thousands of people would die of starvation.
Since the police’s Operation Vala Umgodi, many have refused to resurface, fearing arrest.
The lack of food and water would cause anxiety, Regragui said.
“The lack of water will invariably result in these miners suffering from dehydration. In addition, miners suffering from chronic illnesses will be denied the right to combat chronic illnesses such as high blood pressure, diabetes and the like.”
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