High Court dismisses NGO’s bid to compel government to provide food, and extract zama zamas

Friends and wives of some of the illegal miners preparing food near the disused mine shafts where the illegal miners have been holed up. File Picture: Timothy Bernard / Independent Newspapers

Friends and wives of some of the illegal miners preparing food near the disused mine shafts where the illegal miners have been holed up. File Picture: Timothy Bernard / Independent Newspapers

Published Nov 25, 2024

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The North Gauteng High Court in Pretoria has dismissed the application brought by the Society for the Protection of our Constitution over the illegal miners holed up at Stilfontein, North West.

In its application, non-governmental organisation Society for the Protection of Our Constitution argued that the unknown number of individuals reportedly trapped underground in the disused mine shaft are entitled to access basic necessities, including water and food.

The organisation insisted that the miners trapped underground are without recourse to exit and have been blocked off from access to food, water and other basic necessities.

However, the court dismissed the application, in a move that has been welcomed by the SA Police Service (SAPS).

“The application sought, among others, to compel various government departments including SAPS to provide all necessary emergency disaster relief to illegal miners underground by providing food, water, medical aid, blankets and any such medical relief necessary,” said national police spokesperson, Brigadier Athlenda Mathe.

She said the application also sought to compel government departments including SAPS to extract the alleged trapped miners from underground.

Illegal miners have been holed up underground in disused mines at Stilfontein, North West. File Picture: Timothy Bernard / Independent Newspapers

“The SAPS has always maintained that it has never been in violation of any Constitutional right to life and to dignity. The SAPS has never blocked any shaft nor blocked any illegal miner from exiting through any disused mine shaft, as is evident with the 1,239 illegal miners that have resurfaced in the past few weeks,” said Mathe.

“The SAPS remains adamant that there is no illegal miner that is trapped underground and that they simply refuse to resurface because they are avoiding arrest. This is evident with the 14 illegal miners who resurfaced last night (Sunday) at shaft 10 which is linked to shaft 11.”

She added that the SAPS “as a caring government department” has also in the past two weeks allowed for limited food supply and water to be taken down to the illegal miners.

“Instant porridge, mageu and water were indeed taken down. Medical emergency personal have also always been on standby to treat all those who resurface,” said Mathe.

IOL reported on Monday that a 14-year-old boy was among the group of 14 illegal miners who were detained by police after they emerged from the disused mines.

The illegal miners, colloquially known as zama zamas, have been holed up underground for months following the arrival of police as part of Operation Vala Umgodi.

IOL