Court grants emergency aid to illegal miners in Stilfontein

The Pretoria high court granted Lawyers for Human Rights an interim order on Sunday that will allow community members and charitable organisations to provide food, water and medication to illegal miners at Stilfontein mine in the North West.

An unknown number of miners remain underground in an effort to evade arrest after police started operation “Vala Umgodi”, which focuses on curbing illegal mining.

The court held a virtual sitting on Sunday after Lawyers for Human Rights launched an urgent application seeking relief on what it described as life-threatening conditions for artisanal miners trapped underground after the sealing and blocking of mine entrances by police as part of their operation.

In its ruling, the court granted immediate interim relief, ordering the respondents, including the police minister and the MEC for community safety and transport management (North West), to allow community members, charitable organisations, and interested parties to provide food, water, and medication to the trapped miners within two hours of the court order being handed down.

In a statement, Lawyers for Human Rights said the court emphasised that this aid must be facilitated without delay, addressing the miners’ critical need for humanitarian assistance.

“LHR welcomes the interim order, which highlights the paramount importance of the artisanal miners’ right to life and the right not to have the quality of their life diminished. The interim order affirms that the state cannot use starvation and dehydration, internationally recognised elements of crimes against humanity, as a tool for purported law enforcement.

“This would be contrary to the right to life, human dignity, and the right not to be treated in an inhumane and degrading way, which are rights which cannot be limited. We reiterate that the state and the SA Police Service (SAPS) must act within the bounds of the constitution, upholding their obligation to respect, protect, and fulfil the rights enshrined therein even when seeking to enforce the law,” reads the statement.

Lawyers for Human Rights said it would return to court on December 5, with additional relief being sought by the applicants, including an order allowing for the continuation of community rescue efforts and declaring the conduct of police in using starvation and dehydration as a tool against communities is unconstitutional.

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