President of the General Industries Workers Union of South Africa (GIWUSA) Mametlwe Sebei (centre)) leads community members and workers in a protest during the rescue operation to retrieve illegal miners from an abandoned gold mine in Stilfontein on January 14, 2025. Mine owners extract various minerals from underground and leave mines unsealed once they are done, with no consequences from the government, says the writer. Picture: Christian Velcich / AFP
Prof. Bheki Mngomezulu
THE phrase ‘everything happens for a reason’ has an educative element. Sometimes it takes a tragedy for a nation to wake up from its slumber. This is what happened with the Stilfontein mine saga.
The Stilfontein mine located about 145 km south-west of Johannesburg has been in the news for the wrong reasons. Over 240 illegal miners were rescued in a government-led rescue operation. Sadly, 78 illegal miners emerged to the surface as corpses.
Those who study the mine sector estimate that there are about 6,000 abandoned mines in the country and thousands of illegal miners – with Gauteng having about 36,000 of them.
Some of the illegal miners known as zama zamas (those who try their luck) were underground for months. Others have operated in the mine against their will while others did so willingly due to various push factors beyond their control.
A few questions are worth asking.
The first question is how did we come to this terrible situation as a nation? Secondly, did we as a country handle this situation well? If not, what were the impeding factors? Importantly, what lessons can we draw from this tragedy to avert a similar situation from happening again?
These questions are not as simple as they look at face value. An argument could be made that this tragedy was bound to happen. The porous nature of our borders makes it possible for foreign nationals to come in and out of the country with little or no problem at all. The same is not true for many of our neighbouring countries.
Secondly, this is an indictment of the country's intelligence services. Ideally, intelligence officials would have been able to collect intelligence information earlier and pass it on to the relevant government departments or units to nip the act in the bud. This did not happen.
As for South African nationals who are involved in these illegal mining activities some of the push factors include the high rate of unemployment and poverty. Having no jobs, and being expected to care for their families, they are forced to engage in these illegal mining activities to earn a living and support their families.
Another reason for this tragedy to happen was the weakness of our laws. Mine owners extract various minerals from underground and leave mines unsealed once they are done, with no consequences from the government. Had our laws been tough enough, and had they been implemented, we would not be where we are today. The lost lives could have been saved.
Corruption and trust deficit are also some of the causal factors. Some community members do not trust government officials or the police. Even if they have information, they are reluctant to pass it on to the relevant officials fearing victimisation. For as long as government officials and the South African Police Service (SAPS) members take brown envelopes, our country is doomed.
Therefore, the Stilfontein mine tragedy could have been avoided. There are certain things that went wrong which led to this incident.
The second question about our handling of the situation is equally important. When government officials became aware of the illegal miners who were said to be in the mine, they were too casual in handling the situation. Part of the reason is that these leaders did not sing in unison. As some called for swift action, others opted for the ‘wait and see’ approach. Meanwhile, the situation underground worsened.
Khumbudzo Ntshavheni, Minister in the Presidency was quoted saying that the government would "smoke out" the hundreds of miners who were reported to be underground. She went on to say "Criminals are not to be helped. Criminals are to be persecuted."
Arguably, the minister was right. Illegal miners broke the law and had to be arrested. But why were the mine owners who failed to seal the mine shaft not arrested for their negligence?
Another concern with the minister’s statements was a constitutional matter. Chapter 2, Sec 7(1) of The Constitution of the Republic of South Africa states that “The Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.”
The Bill does not distinguish between South African citizens and foreign nationals. It refers to “all people in our country.” Nationals from Botswana, Lesotho, Malawi, Mozambique and Zimbabwe were “in our country” as the constitution states. Therefore, they had to be subjected to the same treatment as South African citizens.
Chapter 2, Sec 11 of the Constitution states that “Everyone has the right to life.” Surely, the phrase “everyone” does not discriminate between South African citizens and foreign nationals. Therefore, balancing the rule of law, human rights, and the Constitution was a tall order. Our government had to apply its mind assiduously in handling this situation.
When some proposed that food and water supply to the illegal miners must be cut off to force them to resurface, others emphasised the need to respect human rights and the constitution.
What was an embarrassment to SAPS and the country as a whole was the continuation of corrupt activities even in times of tragedy. There was information that James Neo Tshoaeli, a Lesotho national also known as “Tiger” was the kingpin. He was rescued alive but disappeared in thin air.
Embarrassed by this deplorable act, Police Commissioner Patrick Asaneng warned that "heads will roll" once the officials who helped Mr Tshoaeli escape were identified and apprehended. Even the police spokesperson Athlenda Mathe admitted that the police force was indeed "disappointed" and "embarrassed" by Tiger’s miraculous disappearance. Since SAPS members oversaw the operations, surely the culprit was among them – the same people who must enforce the law!
There are a few lessons to be learnt here. Our laws must be tightened. Our Constitution must be reviewed. Corruption must be rooted out. Unless we do these things, another tragedy will engulf us sooner rather than later!
* Prof. Bheki Mngomezulu is the Director of the Centre for the Advancement of Non-Racialism and Democracy at the Nelson Mandela University.
** The views expressed in this article do not necessarily reflect the views of The African.