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Volunteers at the Stilfontein mine where illegal mine workers are believed to be underground in the North West. ANTÓNIO MUCHAVE
Volunteers at the Stilfontein mine where illegal mine workers are believed to be underground in the North West. ANTÓNIO MUCHAVE

The Pretoria high court has dismissed an application brought by the Society for the Protection of our Constitution seeking to compel government departments, including the police service, to provide emergency disaster relief to illegal miners underground by providing food, water, blankets and medical relief.

The miners had been in a 2km-deep shaft for weeks when police pounced on them at exit points during Operation Vala Umgodi, which aims to combat illegal mining.

The organisation was granted an interim interdict that ordered police to allow the illegal miners to be rescued. The matter returned to the court on Thursday when the respondents, made up of the ministers of police, co-operative governance and traditional affairs, mineral resources and health, made their representations.

“In my view, given the society has no expertise of its own in this area, it has not engaged an expert to put evidence on this issue before the court, and has not demonstrated the rescue efforts can and should be conducted differently. The only conclusion to be drawn is that mine rescue operations are under way and all necessary efforts are being made to rescue the miners. There are other exit avenues available to the miners to use, as there have been from the outset. The allegations made by the society have been placed in context by the respondents and have been demonstrated to be incorrect,” judge Brenda Neukircher said in her ruling.

The National Commissioner of the SA Police Service (SAPS), Gen Fannie Masemola, welcomed the judgment.

Police spokesperson Athlenda Mathe has emphasised that police have always maintained they have never been in violation of any constitutional right to life and dignity. 

“The SAPS has never blocked any shaft or illegal miner from exiting through any disused mine shaft, as is evident with the 1,239 illegal miners who have resurfaced in the past few weeks. The SAPS remains adamant there is no illegal miner trapped underground and that they simply refuse to resurface because they are avoiding arrest,” Mathe said.

She said this was evident from the 14 illegal miners who resurfaced last night at shaft 10, which is linked to shaft 11. 

“The SAPS, as a caring government department, has also in the past two weeks allowed limited food supplies and water to be taken down to the illegal miners. Instant porridge, mageu and water were taken down. Medical emergency has always been on standby to treat all those who resurface,” she said.

Mathe said police operations continued where static deployments were in place for the rule of law to be upheld. 

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