The Mining Affected Communities United in Action (Macua) has played down the recent arrests of over 400 illegal miners at the Sheba Mine in Barberton as performative justice, saying that the real masterminds were left to roam free whilst the focus iwas on poor Black workers trying to make a living for themselves.

 MACUA spokesperson Tholakele Thabane said on Tuesday that the arrests captured the real picture of the ongoing failure by the South African law enforcement agencies to confront the real architecture of illegal mining.

“Over 400 arrests have taken place this last week alone. As has become the norm, those arrested are overwhelmingly poor Black workers, many of them migrants, forced into informal mining by economic desperation and exclusion from the formal economy,” he said.

“These arrests are presented as victories, with police parading mining tools, shovels and makeshift explosives as evidence of ‘progress’ in the fight against syndicates.”

This comes after a police-led raid through Operation Vala Mgodi was conducted at the Barberton mine on Friday, where the illegal miners were smoked out and subsequently taken to custody by the Mpumalanga police officials.

According to reports, the majority of them were undocumented foreign nationals.

Thabane alleges that the mass arrests were a smokescreen to create an illusion of law enforcement while presenting no substantial solution to the problem. Illegal mining syndicate used the poor to facilitate it, and the rich financed it under protection by the powerful.

“But let us be clear: after nearly three years of Operation Vala Umgodi, launch in December 2022, no high-level syndicate bosses have been arrested, no corporate directors have been charged, and no elite political or financial figures have been held accountable,” Thabane added.

“Hundreds of millions of rands have been spent, and all the state has to show for it are the bodies of almost 100 miners who they starved to death and images of shackled miners, not the dismantling of syndicates.”

Macua is demanding Parliamentary hearings where it will be invited to present its full submission in the presence of the media and civil society.

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President Cyril Ramaphosa’s State of the Nation Address (SONA) has sparked sharp reactions from across the political spectrum, with opposition parties slamming it as lacking substance, vision and urgency, while the ANC defended it as a practical roadmap for progress.

Ramaphosa delivered his SONA on Thursday evening, outlining his administration’s vision for the country.

The uMkhonto weSizwe (MK) Party launched a scathing attack on the president’s address, calling it a reflection of a “failed state”. 

Party spokesperson Nhlamulo Ndhlela criticised the speech for failing to address South Africa’s economic decline.

“We can’t even refer to it as a plan. This is just a reflection of a failed state of the nothingness address. Our GDP per capita is growing at a slower rate than the population, making South Africans poorer,” Ndhlela said.

He also accused the government of privatising essential services like water and electricity, and relying too heavily on loans from the International Monetary Fund and World Bank.

Economic Freedom Fighters leader Julius Malema denounced Ramaphosa’s speech, arguing that it lacked both accountability and clear direction.

“The president doesn’t account for what he said in previous SONAs. There’s no plan. He says he will create jobs, but doesn’t tell us where and how,” Malema stated.

He also dismissed the government’s proposed R940 billion infrastructure investment, citing past unfulfilled promises such as the incomplete Giyani water project and stalled housing developments in Alexandra.

However, Democratic Alliance leader John Steenhuisen welcomed the president’s acknowledgment of DA-led policies, but stressed the need for faster implementation.

He emphasised the urgent need for private sector involvement in energy production to reduce Eskom’s monopoly, along with increased infrastructure investment through public-private partnerships.

Additionally, he called for visa reforms to attract skilled workers and entrepreneurs.

While the DA sees progress in these areas, Steenhuisen warned that slow implementation would hinder economic recovery and job creation.

Defending Ramaphosa’s address, ANC secretary-general Fikile Mbalula emphasised that it laid out a concrete plan for economic growth, job creation and industrial development.

“The president has presented the medium-term development plan for South Africa, prioritising job creation and economic growth. It is a very sound and practicable plan that South Africans should support,” Mbalula said.

He also pushed back against recent critical remarks by figures like Elon Musk and U.S President Donald Trump, asserting that South Africa would not be “bullied” by misinformation.

Build One South Africa leader Mmusi Maimane criticised the address as a missed opportunity to take decisive action against corruption and economic stagnation.

“If you want to build a capable state, you can’t afford corruption at any level. We needed to hear clear measures on tackling corruption,” Maimane said.

He also argued that the government’s economic targets were too low, advocating for a 5% economic growth goal instead of the proposed 3%.

GOOD Party secretary-general Brett Herron acknowledged that the address provided more economic details than in previous years, but criticised the growth targets as insufficient.

“The speech was probably the most comprehensive in terms of economic plans, but 3% growth is too low. We need at least 5% growth to meaningfully reduce unemployment,” Herron said.

He also expressed disappointment that Ramaphosa did not commit to implementing a basic income grant despite acknowledging the benefits of the Social Relief of Distress Grant.

Freedom Front Plus leader Pieter Groenewald dismissed the address as repetitive and lacking fresh solutions.

“It was an important opportunity for the president to reset South Africa’s path, but instead, we heard the same old promises. People on the ground don’t see any real changes in their lives,” Groenewald said.

African Transformation Movement leader Vuyolwethu Zungula criticised the president for failing to provide accountability for past promises.

“People are suffering from high unemployment, crime, and load-shedding. Since 2018, the president has been making promises, but nothing has changed,” Zungula said.

African Christian Democratic Party leader Kenneth Meshoe called on Ramaphosa to provide answers regarding allegations of corruption linked to the Phala Phala farm scandal.

“The president failed to tell the nation how the $4million ended up on his farm. The Public Protector may have cleared him, but we are not convinced that the investigation was thorough,” Meshoe said.

ActionSA leader Herman Mashaba accused Ramaphosa of failing to address key issues such as illegal mining and economic decline.

“The president should have taken a more direct approach, especially after losing the ANC’s absolute majority. His failure to address mining safety and illegal operations shows a lack of commitment,” Mashaba said.

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Rescue operations at the abandoned Stilfontein mine, where hundreds of illegal miners were trapped, have come to an end after no further signs of life were detected on Thursday.

Since Monday, 246 miners have been rescued and 78 bodies retrieved from the North West mine.

Mine Rescue Services CEO Mannas Fourie confirmed that a final sweep of the shafts found no additional survivors or bodies in shaft 11.

“Last night, we came out with the last cage and confirmed that all the people have been taken out,” said Fourie.

“This morning, we conducted a final sweep to ensure no one who may have been unaware of the operation remained underground, but no signs of movement or life were detected.”

Advanced equipment, including cameras and sound detectors, were used to survey the mine, reaching depths of over 2100m. Fourie reported that the only visible remnants were discarded miners’ cap lamps and water at the lowest levels.

While the rescue phase winds down, attention now turns to recovery and closure efforts. 

SAPS spokesperson Brigadier Athlenda Mathe emphasised that authorities would remain on-site as part of Operation Vala Umgodi, which was aimed at combating illicit mining and preventing further unauthorised access to the shaft.

“We will leave only once this hole is sealed and rehabilitated,” Mathe stated.

“Leaving prematurely would risk the reoccupation of the mine, leading to a repeat of this tragic situation.”

Mathe added that a decision on formally ending the rescue operation lay with the Department of Mineral Resources and Energy and other stakeholders.

At the scene, Zimbabwe Consul-General Eria Phiri highlighted the consulate’s role in supporting efforts to identify and assist survivors and the deceased.

“Our major responsibility in this case is the identification, verification and profiling of individuals involved,” Phiri explained.

“We will start with the verification and identification of the 465 (Zimbabweans) who were rescued alive, using their information to establish who among them is Zimbabwean and who might still be unaccounted for.

“For those who perished, we will coordinate with our head office to ensure their repatriation so they can receive a dignified burial in Zimbabwe. We are taking this step by step, as most of the deceased were undocumented, which makes the process more complex.”

North West Acting Police Commissioner Patrick Asaneng confirmed that local authorities were collaborating with international consulates to ensure proper identification and accountability.

The police have requested assistance from the embassies of Zimbabwe, Lesotho and Mozambique to identify the bodies retrieved from Shaft 11.

“Following international protocols, we are working with consulates, including Zimbabwe, to assist in identifying mortal remains and survivors,” said Asaneng.

“The Zimbabwean consulate is helping to verify identities, as many of those trapped or deceased were undocumented and entered the country illegally.

“A team from the consulate will assist in profiling the survivors and deceased to better understand the situation and provide closure for their families,” Asaneng added.

North West SA National Civic Organisation spokesperson Mzukisi Jam reported a higher death toll than previously confirmed, stating that 78 bodies had been retrieved from the shaft by rescue teams, but an additional 11 bodies were recovered independently by volunteers using ropes.

“The total number of deaths is already more than 109,” said Jam.

“Our volunteers have also confirmed that at shaft number 10, there are more bodies, but it is challenging for the crane or cage to reach that area to retrieve them. This means the true number of fatalities may still increase.”

Meanwhile, the Democratic Alliance said it had delivered an official letter to President Cyril Ramaphosa to establish a Commission of Inquiry into the disaster.

The DA’s James Lorimer emphasised the need for a full and transparent investigation into the causes and consequences of the crisis.

“The mine has become the site of a devastating humanitarian catastrophe… A comprehensive inquiry is essential to uncover the failures of government agencies, the role of the private sector and the impact of illegal mining on the community and mine operations,” he said.

Labour unions and community members have described the Stilfontein crisis as the worst state-sponsored massacre since the end of apartheid.

Community leader Thembile Botman criticised the government’s approach, saying that Operation Vala Umgodi intentionally forced miners into a life-threatening situation. 

“These people didn’t die because of illegal mining. They died because of government actions. Section 11 of the Constitution guarantees the right to life and dignity, and these people were denied both,” Botman said.

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Following three days of intense operations by Mine Rescue Services to save trapped illegal miners at an abandoned Stilfontein mine, it appears that all of them may have been saved and now the task turns to retrieving the bodies of those who died underground.

Since Monday, 246 miners have been rescued and 78 bodies retrieved from the North West mine.

The Gauteng forensic pathology service vans arrived in Stilfontein on Wednesday to help with the number of bodies retrieved.

The operation, one of the largest of its kind in recent years, has been marked by both heartbreak and hope.

Zinzi Tom, a sister of one of the miners, Ayanda, who is yet to be found, turned to the courts to speed up the rescue operations.

She said that seeing the pathology vans broke her spirit, adding that government ministers who visited the scene this week have shown no empathy.

“If you watch them closely, even how they address us, you can tell they do not care,” Tom said. 

Community volunteers, who have been part of the retrieval operations, reported on Wednesday night that there were no more miners who were alive underground. However, SAPS Brigadier Athlenda Mathe said the police needed to verify this.

“We will rely on the Mine Rescue Services (MRS) to confirm this with their state-of-the-art equipment that will hopefully be able to give us a picture of what is happening underground,” Mathe said.

MRS will send a cage underground on Thursday to see if any miners resurface with the cage.

Mining Affected Communities United in Action (Macua) spokesperson Magnificent Mndebele said on Wednesday night that many bodies were unaccounted for because they were either too far from where the cage was being sent to, or not retrievable.

“Some died in shaft 10 while climbing the litigators and some would have died while trying to move from shaft 10 to 11 where help was feasible either by rope or other means like this operation,” he said.

He also told Inside Politics that it was possible that there were still miners who were alive and were not close to the surface.

“But it is a scary line of inquiry and we are likely to never know. Zinzi’s brother was not retrieved at all. He is not from the dead nor is with those who are alive.”

Mathe said that of the bodies recovered, only two have been identified and claimed by families.

“What makes it quite difficult… is that [the deceased are] illegal immigrants that are undocumented. Those that are aware or know that their family members were part of this illicit mining operation are then advised to approach [the authorities],” she said.

Mathe said that before the operation commenced, authorities had urged the miners to voluntarily leave the shafts. However, reports of mistreatment and abuse surfaced, and that the miners were too weak to resurface by themselves.

“We are investigating those particular allegations that were brought forward to us, that there were some that were keeping food away from the illegal miners. That is some of the focus areas of our investigation unleashed by kingpins underground,” Mathe said.

The SAPS was probing claims that the syndicates exploited the miners and that they were “tortured, abused, and [had food] kept away” from them.

According to Mathe, the miners who resurfaced lacked clarity about their circumstances and origins.

Meanwhile the Democratic Alliance has called on President Cyril Ramaphosa to establish an independent Commission of Inquiry into the tragic events at the Buffelsfontein mine. 

DA Mineral and Petroleum Resources spokesperson James Lorimer criticised the lack of effective government action to address illegal mining and urged for an impartial investigation to hold responsible parties accountable.

“The scale of this disaster matches the worst fears of many people and raises serious questions about how the situation was allowed to escalate so disastrously,” Lorimer said.

The DA criticised both the SAPS and the Department of Mineral and Energy Resources for their handling of illegal mining. Lorimer questioned whether the SAPS failed to assess the situation underground accurately or, worse, knowingly withheld critical information from the public.

The police have said their primary mandate was to seal off shafts so that the miners had no access to food and enforce the law. 

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A total of 142 illegal miners have been saved and 51 bodies recovered from an abandoned mine in Stilfontein in the North West over the last two days.

Rescue teams have been working tirelessly since Monday.

On the first day, 35 miners were extracted, with nine confirmed dead. The second day brought both hope and sorrow as 107 miners were brought to the surface, 65 alive and 42 deceased. 

The police have arrested 82 of the miners, who now face charges including illegal mining, trespassing and contravening the Immigration Act. 

Two miners were further charged with the illegal possession of gold-bearing material after being caught with gold.

The National Joint Operational and Intelligence Structure confirmed that rescue operations would continue into the evening, with updates to follow daily.

Mineral Resources Minister Gwede Mantashe and Police Minister Senzo Mchunu visited the scene on Tuesday to assess the situation.

Their arrival was met with disdain from local communities and activist groups, who accused the ministers of negligence and delayed action.

Mantashe faced particular backlash for his delayed arrival in Stilfontein.

Comparing their actions to stepping onto a railway line in front of an oncoming train, he criticised public sympathy for the illegal miners.

“It’s a question of who benefits? As I said, we must give them a licence. But who do we give a licence to? Of those people, only 21 are South Africans,” Mantashe said, alleging that illegal mining was primarily driven by foreign nationals, including Mozambicans, Zimbabweans and Basotho.

He accused these groups of undermining South Africa’s economy, claiming their activities constituted a “criminal attack” on the nation.

“Please give licences to steal gold to Mozambicans, Zimbabweans and Lesotho nationals?” Mantashe rhetorically asked while addressing public calls for more inclusive policies. 

“It is an attack on our economy by foreign nationals in the main.”

Activists and community leaders painted a dire picture of the miners’ conditions. 

Sabelo Mnguni, of the Mining Affected Communities United in Action (Macua), described the survivors as “critically weak, unable to walk unaided,” and the deceased as showing signs of starvation.

“The state now is more critical than before. We estimate there could be over 250 bodies underground,” Mnguni warned.

Speaking on behalf of the SA Federation of Trade Unions, Memetlwe Sebei condemned the government for what he called a “catastrophe that could have been avoided”. 

Sebei highlighted systemic failures in regulating the mining industry and addressing the socio-economic conditions driving illegal mining.

“This is a massacre and we hold the government wholly responsible,” Sebei said.

Activists further criticised the reliance on extractive practices that exported raw materials without local beneficiation, perpetuating poverty and inequality in mining communities.

South Africa’s mining industry faces a broader crisis, with thousands of abandoned mines across the country posing significant risks. These derelict shafts, remnants of apartheid-era practices, continue to claim lives and fuel illegal mining activities.

Mchunu urged patience as investigations into the deaths continue.

“We cannot speculate on the cause of death at this stage. A comprehensive report will be provided once relevant authorities complete their work,” the minister said.

Authorities acknowledged the challenges of identifying victims of illegal mining accidents. 

One official noted the lengthy process of collecting and cross-referencing fingerprints, particularly when dealing with individuals whose identities were unknown.

“We are lucky if we do have people that know the deceased,” they stated. “But the process is still going to be quite lengthy.”

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A major rescue operation to save hundreds of illegal miners trapped underground at the abandoned Buffelsfontein gold mine in Stilfontein in North West has begun in earnest.

About 26 illegal miners have so far been brought out alive, and nine bodies have been recovered.

Hundreds of miners are expected to be resurface during the operation that was ordered by the Pretoria high court following an urgent application by a family member of one of the minersZinzi Tom.

For the first time, a rescue cage was sent down the mine shaft to facilitate the extraction of the miners.

The ministers of police and mineral resources are visiting the area on Tuesday to monitor the operation.

The mission comes after preparation and assessments by mine rescue experts. 

Although a report last month highlighted significant risks, including toxic gases like methane and the presence of armed gangs underground, the operation has now entered its active rescue phase.

Mining expert Peter Major acknowledged the complexity of the undertaking saying lowering a swaying basket into unstable conditions was no small task.

He added that it was a high-risk mission, and those involved deserved recognition for their bravery.

Community leader Mandla Charles has volunteered to assist with operating the cage and descending into the mine. 

While the government is not compensating him for his role, efforts are underway by NGOs to secure funding for his contribution.

“The company that is going to be paid R12 million doesn’t have the money to pay the people who actually do the work. We had to take the responsibility to pay them so that the rescue can commence,” General Industrial Workers Union of SA president Memetlwe Sebei said.  

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The Stilfontein mining crisis and how the government has handled the situation continues to draw outage, with the General Industrial Workers Union of SA (Giwusa) labelling recent events at the North West mine as a “massacre”.

It is now estimated that 109 illegal miners have died, and many are in a critical condition.

Hundreds of miners are still underground since the police cut off supplies to them in August last year in an attempt to force them to resurface.

Rescue efforts at Shaft 11 are underway, led by Mine Rescue Services (MRS) with support from EMS, SAPS, Home Affairs, pathology, the Mining Affected Communities United in Action (Macua) and community leaders.

The rescue cage set up is nearly complete. Negotiations are in progress to extend working hours for the cage from 6am to 10pm. The team has a 10-day timeline to complete the mission.

A designated area has been established for recovered bodies, and three ambulances are onsite for survivors. Two volunteers will assist with retrieval of the bodies after receiving training to operate the cage.

Site access is strictly controlled, allowing only recognised community leaders, with a ban on cellphones, photos and videos to maintain order.

Briefing the media on Monday, Giwusa president Memetlwe Sebei painted a grim picture, accusing authorities and mining companies of negligence and deceit.

Sebei revealed that they received shocking footage depicting the bodies of miners trapped underground in Shaft 11, describing the site as a “mass graveyard”. 

The footage has been made public to expose the “bloody culmination of treacherous policies” pursued by the government and police. 

These policies, according to Sebei, involved dismantling critical support systems, including access to food, water and medication, effectively condemning the miners to death.

Community leader Thembile Botman has confirmed that the 109 miners have died of starvation.

“Up to now, all of them have died of starvation. The post-mortem that has been done to the dead bodies that are already on the surface proves that people died of starvation,” Botman said.

He also confirmed that the miners underground had started eating the bodies due to hunger.

Sebei dismissed claims that the miners had refused to leave voluntarily or engaged in mass suicide, calling such narratives “outrageous lies”.

“These miners were murdered by a calculated and cruel operation that deprived them of basic human needs,” Sebei stated. 

He added that the dire conditions had reduced survivors to “living skeletons”, with many suffering from hunger, dehydration and untreated illnesses.

Sebei highlighted the ongoing legal efforts to hold authorities accountable. A case filed in the Pretoria high court by Zinzi Tom, the sister of a trapped miner, Ayanda, has prompted commitments from the government to initiate rescue operations. 

The court has demanded regular updates on progress, with government representatives pledging to collaborate with mining rescue services and the Minerals Council of South Africa to expedite efforts.

However, Tom expressed her unhappiness about how the police handled the situation, saying all they wanted to do was smoke the miners out.

“Even if they came here, in a way, I’m not happy, because it’s long overdue. They gamble with the lives of our brothers… we didn’t need police assistance,” she said.

“They didn’t care whether they come out alive. Basically, I would say that if we didn’t take action, their plan was to kill them.”

SA National Civics Organisation provincial spokesperson Mzukisi Jam described the handling of the situation as “unthinkable” and “inhumane”, questioning the state’s priorities and commitment to its own people.

“It is unbelievable that a state would subject its own people to such a ruthless kind of situation,” Jam said. 

“We are champions of human rights globally, celebrated for our Constitution, yet we fail to extend the same courtesy to our own people.”

Jam criticised the state for its delayed intervention, noting that civic organisations had been pleading for assistance well before the first fatalities were reported.

Instead of providing immediate help, he said the state’s initial response was to “smoke these people out”, a tactic he called both “heart breaking” and “unnecessary”.

Sebei acknowledged recent improvements, including the deployment of specialised equipment to assist in the rescue. However, he criticised the delay, noting that lives could have been saved if action had been taken sooner.

“The rescue process is expected to take up to three weeks, but for many, it may already be too late,” he said.

The tragedy has drawn outrage from local communities and the entire country, who accuse South African authorities and the government of neglecting the safety and welfare of miners, particularly those working in abandoned or informal shafts. 

Sebei called for global solidarity, urging the media to expose the “criminal negligence” that led to the disaster.

“We demand accountability,” Sebei declared. “This is not just a mining disaster; it’s a human rights catastrophe.”

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An operation by Mine Rescue Services to rescue illegal miners at Stilfontein in the North West is expected to start late on Monday or Tuesday, following intervention by the courts.

Ahead of the rescue, the Mining Affected Communities United in Action (Macua) and the Mineral Resources and Energy Department have been involved in a public spat over the rescue of the miners.

Hundreds of the miners are still underground since the police cut off supplies to them in August last year in an attempt to force them to resurface.

Macua on Sunday responded to claims by the department that it was in contempt of the court and its own voluntary decision to rescue the trapped miners.

Macua spokesperson Magnificent Mndebele urged the department to stop its political posturing and games, and instead focus on its mandate to “work with us to ensure the safe retrieval of those trapped underground”.

“If these state agencies had been committed to save lives, there would not have been a need for Macua to approach the High Court… to force these state agencies to allow food to be delivered down and to retrieve the trapped miners,” Mndebele said.

This follows a statement by the department which claimed that the state was appraising the court of the ongoing efforts by its agencies since December.

The department said that the decision to deploy rescue services was made independently and prior to the urgent application brought by Macua.

“This decision reflects unwavering commitment from the government and the sector, represented by the Minerals Council of South Africa, to facilitate the exit of those illegal miners who remain underground,” the department said.

However, Mndebele said that while the matter was under judicial management and not an order per se, state action was as a result of litigation by Macua through Lawyers for Human Rights.

In addition, he called for an amendment of mining laws, which have been abused and imposed on communities, in order to ensure that this kind of tragedy never happened again.

Meanwhile, the Mine Rescue Services (MRS) has confirmed the commencement of rescue operations at Shafts 10 and 11.

Mndebele said that the MRS received instruction from the department to save the trapped miners.

“As far as I understand, they’re still building the structure for the professional rescue. The rescue operations will take place for some days to come. It will not be done in one day,” Mndebele said.

MRS CEO Mannas Fourie said over the weekend that the road to the shafts as well as the surrounding ground area were being prepared to allow trucks and machinery to come through.

Fourie said that the ground works should be completed by Sunday evening or Monday morning to set up the rescue machine by Monday afternoon, and hoped not to be interrupted by rain.

A winder would be set up with a hoist to lower a cage underground.

Fourie said the cage would be able to hold six people at a time, maybe seven, depending on the size and weight of the miners, and that the cage would go down every hour.

He said that someone was required to be in the cage when it descended in order to open the gate and help miners in. Two community members have volunteered to do so.

Mndebele said that the MRS suggested that the bodies be retrieved first before the miners, since neither they nor the police were willing to retrieve them.

The hours of the operation are expected to run from 6am to 6pm.

The MRS will provide volunteers who are going underground with personal protective equipment to ensure their safety, as well as body bags for the deceased.

Macua said approximately 400 to 900 miners were still trapped underground. It has estimated that there are 100 bodies, however, miners are dying on a daily basis.

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Operations to rescue trapped miners at the Buffelsfontein Gold Mine in Stilfontein in the North West are set to begin following an order from the Pretoria high court.

The Mining Affected Communities United in Action has welcomed the decision, with spokesperson Magnificent Mndebele confirming the court’s ruling that rescue operations begin at shafts 10 and 11.

“The court has ordered the State to finalise and send a Service Level Agreement and Letter of Appointment to Mine Rescue Services (MRS), and to ensure that the agreement was signed today [Friday],” Mndebele said.

The ruling follows an urgent application brought by Zinzi Tom, whose brother, Ayanda Tom, is among the trapped miners since July last year.

Mndebele said that once the agreement was signed, funds must be released allowing the MRS to commence rescue operations without further delays.

He said MRS has assured the court they are willing to deploy their team and equipment once payment has been made.

The spokesperson further confirmed that the court ordered the uninterrupted delivery of food, water and medical aid over the weekend, with Judge Ronel Tolmay imploring all stakeholders to act decisively to prevent further loss of life.

“It is unthinkable that people are deprived of food over the weekend. We do not want a situation where this will be marked as the darkest point in our history,” Tolmay stated.

The judge held that no one would go without food on her watch and that it was immoral and unconstitutional to not provide in light of the right to life and dignity.

“The systems must be in place to ensure that no one goes without basic supplies,” she said.

Mndebele praised the ruling as a significant step in holding the state accountable and prioritising the sanctity of human life over a murderous state agenda.

“This judgment represents a critical moment in the fight against systemic neglect, with Zinzi Tom’s legal challenge serving as a powerful reminder of the state’s duty to protect marginalised communities,” he said.

It has been reported that the Minerals Council would pay for the rescue operations, which has been estimated to cost nearly R1 million a day.

Over 1,500 miners have resurfaced from various shafts in the area, with recent reports indicating over 100 dead miners still being trapped underground.

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The GOOD Party has urged Mineral and Petroleum Resources Minister Gwede Mantashe and Police Minister Senzo Mchunu to work with the community and NGOs in Stilfontein to ensure that the illegal miners are treated humanely.

It said they should not be forced to choose between starving and resorting to eating the bodies of deceased miners in the Buffelsfontein mine shaft.

GOOD Party secretary general Brett Herron said in a statement that the predicament at Stilfontein “is first and foremost a humanitarian crisis, and with no further action and continued disregard for the miner’s human rights, the situation will become one of the largest humanitarian failures in democratic South Africa’s history”.

He said it was shocking that the government was behaving in such an “anti-constitutional”, way ignoring the human rights of the hundreds of miners trapped nearly 2000 metres beneath the surface.

The party has urged the government to demonstrate its commitment to upholding the country’s renowned progressive Constitution by extending fundamental rights to all individuals, including the illegal miners.

“There is a reason South Africa’s Constitution is lauded as one of the most progressive I the world. Outside of the basic human rights it gives to its citizens, Section 11 provides for the rights to life of everyone,” said Herron.

“This right has been tasted before and supported, with both documented and undocumented immigrants given free access to antiretrovirals following the onset of the HIV crisis, no questions asked.”

Furthermore, Herron said that those trapped were likely innocent, impoverished individuals desperately trying to survive amidst South Africa’s economic hardships, rather than the kingpins behind the country’s illegal mining operations.

“Government has failed to tackle the underlying socio-economic issues that contribute to illegal mining, like unemployment and the lack of economic opportunities.

“But instead of recognising their role in the matter and stepping in to assist, government has dug in their heels behind the shield of upholding the rule of law,” he added.

This is not the first time the government is being criticised for its inaction. Community group Macua has approached the Constitutional Court to force the government to provide humanitarian assistance.

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