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In a harrowing development at the Buffelsfontein mine in Stilfontein, North West, human rights organization Mining Affected Communities United in Action (Macua) has approached the Constitutional Court (ConCourt) with an urgent application. This move followed the dismissal by the Gauteng High Court on December 20, of Macua's initial petition for the state to assist illegal miners allegedly trapped within the defunct mine.
Contrary to the belief that the miners are physically trapped, it has been reported that the miners, though able to exit, remain underground for fear of arrest. Despite this, they face catastrophic conditions, with Macua reporting acute shortages of food, water, and medical supplies which have led to deaths and even reports of cannibalism among the miners.
Amid these grim circumstances, Macua is insisting on state intervention to safeguard the miners' right to life and dignity by providing immediate relief and rescue efforts. The organization claimed that a recent letter from the miners outlined their perilous plight, detailing experiences of starvation, death, and resorting to cannibalism as a last means of survival.
Notably, the police and authorities have maintained that the miners are not trapped, framing their underground stay as an evasion of legal repercussions. This stance has been met with severe criticism from Macua, accusing the police of negligence and a failure to acknowledge the severity of the situation.
Macua's appeal to the Constitutional Court criticizes both the government and the high court's previous ruling as "legally and morally untenable." They argue this inaction on the part of the authorities prolongs the suffering and increases the casualty count underground, making a poignant case for immediate corrective action.
This grim scenario poses a multifaceted challenge involving legal, ethical, and human rights dimensions, stirring a significant public and media uproar demanding swift government intervention. As the case awaits a new ruling from the ConCourt, all eyes are on the potential judicial response to this profound human crisis.