Macua approaches ConCourt in latest bid to get government to rescue Stilfontein illegal miners

An organisation representing mining communities has now approached the Constitutional Court to force government to save the lives of illegal miners trapped underground in Stilfontein, North West.

The Mining Affected Communities United in Action (Macua) on Monday said it had submitted the urgent application to the highest court in the land on Sunday. It's application follows a December 20 ruling by the Pretoria high court which dismissed Macua’s request to compel the state to provide aid and commence rescue operations at the mine. 

The organisation said the court’s decision shielded the state and the Buffelsfontein Gold Mine from accountability.

“The Gauteng Division of the High Court, Pretoria, ruled that impoverished and unemployed community members, social movements, and charitable organisations can provide humanitarian aid to the trapped miners, but that the state and the mining company bear zero responsibility. This, respectfully, is a miscarriage of justice,” said Macua spokesperson Magnificent Mndebele.

To date, more than 1,500 illegal miners have emerged. Many have received assistance from local community members using ropes.

Additionally, eight bodies have been recovered from the site.

"Macua has asked the Constitutional Court to order the relevant state entities, being the North West MEC for community safety and transport management, minister of mineral and petroleum resources, minister of police, minister of social development, ninister of cooperative governance and traditional affairs, as well as the Buffelsfontein Gold mine, to within two hours of the court handing down it's judgement, provide the trapped artisanal miners at shaft 11 and shaft 10 with humanitarian aid, including sufficient food, water and medication pending the finalisation of the rescue operation.

"We are also asking that the respondents be ordered to IMMEDIATELY commence the rescue operations at Shafts 10 and 11, and that the various state entities and Buffelsfontein Gold Mine, provide Macua and the community members with a weekly progress report regarding the implementation of the rescue plan."

Macua wishes to once again emphasise the fact that the more the State is allowed to shirk its constitutional obligations in rescuing the trapped miners, the more people will die," said Mndebele, adding that conditions underground have been described as dire. 

“The situation has deteriorated further. 

The organisation has attributed the crisis to the improper closure of the mine by the department of mineral and petroleum resources and the "poorly planned" Operation Vala Umgodi by police. 

In a letter that surfaced recently and shared by the General Industries Workers Union of South Africa, miners said the situation was difficult.

“Parents the situation is difficult here underground, people are perishing, some people are trying to exit at Shaft 10, but they keep falling and we can’t find them (can’t retrieve their bodies), it is very difficult here..."

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