Attorney Zehir Omar, one of the people who was instrumental in launching the proceedings on behalf of the illegal miners at Stilfontein. Picture: Zelda Venter.
The illegal miners who are still underground in Stilfontein, in the North West, are not trapped. Those who have opted not to exit the mine are simply still there because they fear being arrested.
This is according to Jose Melembe, principal inspector of mines in the North West region, who handed an affidavit to the Gauteng High Court, Pretoria on Tuesday on behalf of the minister of mineral resources.
This followed an application on Saturday in which the Society for the Protection of Our Constitution approached the court for an urgent order in a bid to come to the aid of the miners who were still underground.
Judge Brenda Neukircher ordered on Saturday that pending finalisation of the application, the mineshaft must be unblocked and may not be locked by any person or institution whether government or private.
Any miners trapped in the mine shaft shall be permitted to exit. No non-emergency personnel may enter the mineshaft, said Judge Neukircher.
The matter returned to court on Tuesday for the respondents, the ministers of police, health, mineral resources and co-operative governance and traditional affairs, to make their representations.
The affidavits handed in were that made on behalf of the minister of mineral resources as well as the SAPS. Judge Neukircher stood the matter down until Thursday, so that she could read through the answering affidavit and for the applicants to reply to it.
Melembe, in the affidavit, maintained that the illegal miners were not trapped, as an alternative exit is available for them. “The illegal miners have an alternative exit which is made available and more than 500 illegal miners have utilized Magaret mine shaft to exit Stilfontein.”
He said that, to date there are 1187 illegal miners who have resurfaced and been arrested. “Thus, this clearly shows that operation vala umgodi does not prevent illegal miners from exiting Stilfontein mine, but those who chose not to resurface is because they fear being arrested. This court cannot assist these illegal miners to evade arrest,” he stated.
Melembe added that in an effort to preserve life, human dignity, and to avoid inhuman treatment, the police have permitted limited supply of water and food.
“No steps have been taken by the police which undermines the right to life, dignity and/or subject suspects to inhuman treatment. The illegal miners' refusal to resurface through the Magaret mine shaft and insisting on Stilfontein mine shaft is a voluntary assumption of risk,” he said.
In this application, the applicant seeks a final interdict against government and the SAPS to provide all necessary emergency disaster relief to the illegal miners said to be trapped underground at Stilfontein mine by providing food, water, medical aid, blankets and other aid.
But Melembe said there are various reasons why this application must fail and the interim order must be discharged. According to him, the law stated that whenever an emergency occurs at a mine that requires the deployment of mine rescue teams, the employer must take responsibility.
In this case, the employer is Buffelsfontein Gold Mines Limited, not the Respondents. However, the minister and the mine owner have taken reasonable steps to ensure that mining rescue services commence as soon as possible, Melembe said.
But, he stressed, those who want to get out can do so via the Magaret mine shaft as an emergency exit point without risking their lives.
Buffelsfontein Gold Mines has meanwhile also engaged the mine rescue services to assist the illegal miners in exiting the Stilfontein mine shaft.
Buffelsfontein is currently preparing a place underground for the rescue team to establish a base for its operations. After establishing itself at the mine, Mine Rescue Services will conduct risk analysis which is essential before they can start with their operations.
“Over this past weekend, the employer has been preparing the ground for rescue purposes. Once this is finalised, rescue services will bring their equipment as some of them are extremely heavy, with one of them weighing 50 tons.”
Melembe said the conduct of the illegal miners to refuse to exit through the Magaret mining shaft, but insisting on exit via Stilfontein mine shaft which is considered unsafe is a voluntary assumption of risk.
“However, the harm that may befall emergency personnel who are not trained nor equipped to enter through a dilapidated mine shaft when there is a safer one far exceeds the harm that may be suffered by the illegal miners.”
Melembe said there is no need for them to wait for the rescue team to finalise its risk assessment analysis as the majority of these illegal miners can exit safely at the Magaret mine shaft in the meantime.
“The illegal miners' conduct is a voluntary assumption of risk. In any event, the South African Police have done everything within their means to ensure that there is avoidance of starvation and dehydration. What has been prevented from being lowered are explosives, alcohol, generators and firearms, not food and water supply,” Meleme said.
Pretoria News
zelda.venter@inl.co.za