Image created by AI
In a landmark judgment, the Pretoria High Court has declined the request for compulsory government assistance to illegal miners trapped in a disused Stilfontein shaft, marking a significant moment for South African legal and mining circles.
The case, initiated by the Society for the Protection of our Constitution, aimed to pressure various government bodies to offer emergency relief—including medical aid, food, water, and blankets—to illegal miners caught underground. These miners had been targeted during Operation Vala Umgodi, a strategic initiative to curb illegal mining activities.
During the court proceedings, the Society faced significant challenges in proving their case. The court pointed out the lack of expert testimony and concrete evidence from the Society on safer or alternative rescue operations. This gap was critical to the outcome, as Judge Brenda Neukircher commented, "The society has no expertise of its own in this area...and has not demonstrated the rescue efforts can and should be conducted differently."
The ruling also underscored the miners’ possibilities of exiting on their own, which the police and other respondents noted had been available from the start. Their representations placed the Society’s allegations under scrutiny, concluding them to be unfounded.
Police spokesperson Athlenda Mathe highlighted ongoing police efforts that contradict the Society’s claims of miners being deprived of exit routes or essential supplies. Notably, the National Commissioner of the SA Police Service, Gen Fannie Masemola, expressed satisfaction with the judgment, reinforcing the stance that police operations have not infringed on constitutional rights.
Mathe also revealed that over the past few weeks, around 1,239 miners had voluntarily exited, and essential supplies were occasionally provided to those underground. Moreover, medical teams were prepared to assist any resurfacing miners, ensuring immediate healthcare.
This ruling has broader implications, especially in addressing the legal responsibilities of the state towards individuals engaging in unlawful activities. It also raises essential discussions about the safety measures and human rights considerations within such contexts.
While the court decision might not be favorable to the Society for the Protection of our Constitution, it underscores the intricate balance between upholding the rule of law and ensuring humanitarian assistance, setting a precedent in the legal framework surrounding illegal mining in South Africa.