By Johnathan Paoli
Advocacy groups, led by Mining Affected Communities United in Action (Macua), have escalated relief efforts for the trapped miners at Stilfontein to the Constitutional Court.
They want the court to compel the government to provide urgent humanitarian aid to save lives.
Macua spokesperson Magnificent Mndebele said on Monday that the crisis at the abandoned mine in the North West had reached a critical juncture, with hundreds of illegal miners trapped underground and scores already dead.
“With the application, we are hoping for an urgent date as the situation is of urgency and every second wasted puts the trapped miners’ lives at further risk,” Mndebele said.
Macua’s decision to approach the Constitutional Court follows the Gauteng High Court’s dismissal of its application earlier in the month. The court ruled that humanitarian aid could be provided by social movements, charities and community members, but absolved the state of responsibility.
Mndebele described this ruling as a “miscarriage of justice” that shielded the state from its constitutional obligations to protect lives.
“In our view, Honourable Madam Justice Mazibuko, with respect, erred in her decision which has the effects of shielding the state from taking the responsibility to sustain the lives of the trapped miners, who, without food, will continue to die,” he said.
Reports from underground paint a grim picture, including starvation and miners who have died from injuries. The death toll rises with each passing day.
Mndebele emphasised that the state’s failure to act has exacerbated the crisis.
The organisation’s application calls for immediate humanitarian aid, including food, water and medication, to be delivered to the miners within two hours of the court’s judgment.
Additionally, it is demanding the initiation of a rescue operation at shafts 10 and 11 and weekly progress updates from state agencies and the Buffelsfontein Gold Mine.
The South African Police Service’s Operation Vala Umgodi, which is aimed at curbing illegal mining throughout the country, has come under heavy criticism.
While the government maintains that exit points have been established to allow the miners to resurface safely, Macua accuses the SAPS of mismanaging the situation.
“SAPS has misinterpreted its mandate. Their actions prioritise law enforcement over preserving life, resulting in gross negligence and constitutional violations,” he said.
Over the past week, 47 miners resurfaced at the shafts. They have been arrested for illegal mining, trespassing and violating the Immigration Act.
On Sunday, the National Joint Operational and Intelligence Structure defended the government’s approach, claiming that evidence suggested that the miners had access to supplies until recently.
It also denied claims that police actions were trapping the miners, and noted the logistical challenges of rescuing the miners, as they were 2km underground.
However, Macua disputes these claims and accuses the police of spreading misinformation through select media outlets.
It has called on the South African National Editors’ Forum to investigate alleged bias and collusion in reporting.
Mndebele said Macua’s application hinged on the state’s constitutional duty to uphold the right to life and provide disaster management relief.
It also argues that the Mineral Department’s failure to secure the mine and the police’s mishandling of Operation Vala Umgodi has created the conditions for the current crisis.
Additionally, Macua criticises the Social Development Department for its inaction in providing social assistance.
Mndebele warned that every delay increased the death toll.
“Macua wishes to once again emphasise the fact that the more the state is allowed to shirk its constitutional obligations in rescuing the trapped miners, the more people will die,” said Mndebele.
He said that with the apex court’s involvement, the organisation hoped to set a precedent for state accountability in addressing crises involving marginalised communities.
Macua remains resolute in its fight to protect the human rights of the trapped miners and ensure that all responsible parties are held accountable.
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