By Johnathan Paoli
Efforts to rescue illegal miners in an abandoned mine in Stilfontein in the North West have been marred by delays, legal battles and allegations of extortion.
Tensions continue to rise in light of questions about accountability and human rights.
The North Gauteng High Court heard an urgent application from the Society for the Protection of Our Constitution on Thursday, seeking an order to unblock the Stilfontein mine shaft and provide the miners with emergency relief, including food and medication.
Arguing for the miners, Advocate Yasmin Omar said the government had “contained” the miners underground and had a duty to ensure their safety.
“The miners are vulnerable, and it is the government’s duty to prioritise their well-being over punitive measures,” she said.
State advocate Bongi Lukhele countered that the miners were not trapped, but were avoiding arrest.
“The right to life and health is no licence for illegal miners to undermine the criminal justice system. They refuse to come out because they fear being arrested or are too weakened to do so,” Lukhele said.
The state argued that Buffelsfontein Gold Mines, the owner of the abandoned mine, should provide support.
However, the applicants contend that the government has a constitutional duty to safeguard the miners’ rights, even if they are engaged in illegal activity.
Omar maintained that the state has failed to provide a humane and timely response.
Judge Brenda Neukircher noted that no evidence had been provided to suggest that police operations were unlawful and pointed out that an alternative exit at the Margaret Mine Shaft was accessible to the miners, but that they continued to remain underground.
The operation, spearheaded by a government-appointed rescue team, has faced logistical hurdles and disputes over who should bear the responsibility for the miners’ welfare.
The miners, who reportedly unwilling to surface for fear of arrest, remain underground, compounding the complexity of the rescue mission.
The mission, which forms part of the government’s multi-million rand plan to address illegal mining, began earlier this week under the leadership of a technical task team, and forms part of Operation Vala Umgodi, an initiative to shut down illegal mining activities in six provinces.
North West police spokesperson Brigadier Sabata Mokgwabone said the team was assessing the safety of the 2km deep Stilfontein mine shaft before proceeding, and that a camera would be deployed to evaluate conditions underground.
Despite these efforts, residents and community leaders have accused the police of turning away food meant for the miners.
Adding to the controversy, police have launched an investigation into allegations of extortion after an individual reportedly demanded a 30% cut from the rescue team.
The man reportedly approached the team in person, claiming a stake in the operation.
Mokgwabone confirmed that the matter was under investigation, but declined to provide further details.
North West community safety MEC Wessels Morweng acknowledged that the operation’s cost might require joint funding from multiple departments, but stressed that ensuring the miners’ safety while upholding the law was a priority.
Stilfontein residents and community groups have grown increasingly vocal about the slow progress of the rescue mission, with many viewing the crisis as a symptom of broader failures to address illegal mining and its socio-economic drivers.
As rescue plans remain stalled, the high court will rule on the urgent application by Monday, with the decision likely directing the trajectory of the operation and setting a precedent for how similar cases are handled in the future.
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