By Johnathan Paoli
The North Gauteng High Court has dismissed the Society for the Protection of Our Constitution’s application seeking final relief for the suspected illegal miners underground in Stilfontein in the North West.
Judge Brenda Neukircher found that the society offered no proof behind the claim that the government’s response to the stand-off between the miners and the police was not measured, considered and proportional.
“In my view, given that the society has no expertise of its own in this area, has not engaged an expert to put evidence on this issue before court, and has not demonstrated that the rescue efforts can and should be conducted differently, the only conclusion to be drawn is that mine rescue operations are underway and all necessary efforts are being made to rescue the miners,” she said.
Additionally, Neukircher held that in light of the availability of alternative exit avenues for the miners to utilise from the outset, the allegations by the society of authorities blocking the resurfacing of the miners were incorrect.
Following the factual inconsistencies within the application, Neukircher said the constitutionality of the actions of the government was not up for consideration and dismissed the application.
The organisation brought the matter before the court, arguing that the individuals remaining underground at the site were entitled to access basic necessities, in line with Section 2 of the Constitution.
Ministerial and national authorities initially maintained a stance of zero tolerance, stopping food supplies to the illegal miners.
However, rescue operations have been taking place, with over 1100 miners resurfacing and an additional 14 miners, including a 14-year-old boy, exiting shaft 10 on Sunday evening.
Police spokesperson Brigadier Athlenda Mathe said the 14 illegal miners were Mozambicans.
Mathe maintained the police service’s position that the miners were not trapped, but were avoiding arrest because of their criminal activities.
“They have confirmed what police have always been saying, that firstly, there is no one trapped, and that there are 10 heavily armed Basotho nationals who are guarding them and making them dig for gold,” she said.
The miners claimed that the food and water taken down was being confiscated by the armed guards, who were forcing the miners to work for the supplies.
The multidisciplinary operation Vala Umgodi by the SAPS and the army is set to continue in parts of the province this week, with over 1000 miners having been arrested so far.
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