Court rejects organization’s application to rescue illegal miners in Stilfontein

The Gauteng High Court in Pretoria has rejected an application seeking final relief for illegal miners still underground in North West Stilfontein.

The civil organisation, the Association for the Protection of Our Constitution, has approached the court to compel government departments, including the South African Police Service (Saps), to provide illegal miners with necessary emergency disaster relief such as food, water and the like. medical supplies, blankets and medical aid if necessary.

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The practice has also forced government departments to remove zama-zamas allegedly trapped underground.

The organization accused the police of blocking entrances to mine shafts, making it impossible for illegal miners to resurface.

Police against illegal miners

Saps argued that this never violated the constitutional right to life and dignity.

He denied claims that he had prevented any shafts or illegal miners from extracting any disused mine shafts. He added that proof of this is the 1,239 illegal miners who have resurfaced in the last few weeks.

On Sunday night, 14 more illegal miners were discovered in the 10th shaft, which is connected to the 11th shaft.

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“Saps remain adamant that there are no illegal miners trapped underground and have refused to surface to avoid arrest,” police said.

“As a responsive government department, Saps has also authorized the limited supply of food and water to illegal miners in the past two weeks. Instant porridge, mageu and water have indeed been removed. Medical emergency personnel are also always on standby to treat anyone who reoccurs.”

Facts about the organization are ‘wrong’

In his ruling, Judge B Neukircher said the NGO had failed to prove that the government’s response to illegal miners was unconstitutional.

“The association has provided no convincing evidence to show that the participants’ response to the situation was not measured, taken into account and proportionate,” Neukircher said.

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“In my opinion, given that the Association has no expertise of its own in this field, has not appointed an expert to present evidence to the court on this issue, and has not demonstrated that the rescue work can and should be carried out differently, the only solution is that the mine rescue work continues.” and that all necessary efforts were made to save the miners.

“As has been the case from the beginning, there are other exit routes available to miners. This being the case, the allegations made by the Association were contextualized by the defendants and revealed to be false.

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“In my view, and having regard to the facts set out (above), the issues of constitutionality of the defendants’ actions are not addressed because the application is based on facts which have been shown to be false. Given this, the application should fail.

The application was rejected.