She said a witnesses had said police were aware zama zamas used their explosives simultaneously with mine blasting to disguise their underground activities.
She said illegal mining could have contributed to the collapse of the pillars as there were gold particles near the structures.
According to an employee, the mine blasted around 6am followed by zama zamas and two hours later at 8am the pillars collapsed.
She blamed department for issuing compliant certificates to the mine two years prior the incident without reading relevant reports such as incident reports that could have prevented the collapse.
The bodies of Pretty Nkambule, Solomon Nyarenda and Yvone Mnisi were buried in the mine after a steel container office they were in caved in and has not been able to be retrieved since. Efforts to retrieve their bodies lasted for a month before the operation was abandoned over safety concerns.
The department held an inquiry into the incident where witnesses testified, leading to an inquest to determine which entities were liable for the incident.
Van Der Merwe said the workers died because the mine faulted in ensuring the mine was safe for the workers on site and the police failed to help the mine in dealing with illegal mining. She added the department also failed to keep to its constitutional mandate in making sure the mine adheres to the Mining Act.
“The court find as follows, though no bodies found, the evidence received say that three deaths have occurred... As for the cause of death, there’s a possibility from the evidence that the three died instantly during the impact.
“The deaths were brought about the by the employer and the mine management failure to do a proper assessment per the Mining Act and thereby failure to monitor the pillar and safety.
“There was failure by the SA Police Service and DMRE to assist the mine management in their efforts to combat illegal mining and to help Lily mine deal with the structures of the mine, which led to the collapse and the deaths of the three miners,” said Van Der Merwe.
Magistrate blasts Lily mine owners and state officials over deaths
Inquest judgment brings relief for mourning families
Image: Mandla Khoza
The NPA will have to decide which government officials and Lily mine managers to prosecute for the mine collapse that led to the death of workers seven years ago.
In a scathing inquest judgment yesterday, magistrate Annemarie van der Merwe said the mine was profit-driven. She blasted the police and the department of minerals, resources and energy for failing in its constitutional duty to protect the public and the environment for the benefit of future generations.
According to Van Der Merwe, the mine failed to heed warnings by a geologist, who raised the flag about the possibility of crown pillars being affected by illegal mining in the area. The court also blasted the police for being inept in fighting illegal mining that had been rampant at Lily Mine in Barberton, Mpumalanga, before the 2016 incident.
“It is clear from the evidence presented in court that the institutions of the SAPS and DMRE were at the time of the Lily Mine disaster merely giving lip service to the issue of illegal mining and that they were not effectively addressing the issue,” Van Der Merwe found.
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She said a witnesses had said police were aware zama zamas used their explosives simultaneously with mine blasting to disguise their underground activities.
She said illegal mining could have contributed to the collapse of the pillars as there were gold particles near the structures.
According to an employee, the mine blasted around 6am followed by zama zamas and two hours later at 8am the pillars collapsed.
She blamed department for issuing compliant certificates to the mine two years prior the incident without reading relevant reports such as incident reports that could have prevented the collapse.
The bodies of Pretty Nkambule, Solomon Nyarenda and Yvone Mnisi were buried in the mine after a steel container office they were in caved in and has not been able to be retrieved since. Efforts to retrieve their bodies lasted for a month before the operation was abandoned over safety concerns.
The department held an inquiry into the incident where witnesses testified, leading to an inquest to determine which entities were liable for the incident.
Van Der Merwe said the workers died because the mine faulted in ensuring the mine was safe for the workers on site and the police failed to help the mine in dealing with illegal mining. She added the department also failed to keep to its constitutional mandate in making sure the mine adheres to the Mining Act.
“The court find as follows, though no bodies found, the evidence received say that three deaths have occurred... As for the cause of death, there’s a possibility from the evidence that the three died instantly during the impact.
“The deaths were brought about the by the employer and the mine management failure to do a proper assessment per the Mining Act and thereby failure to monitor the pillar and safety.
“There was failure by the SA Police Service and DMRE to assist the mine management in their efforts to combat illegal mining and to help Lily mine deal with the structures of the mine, which led to the collapse and the deaths of the three miners,” said Van Der Merwe.
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According to her, a geologist contracted by the mine had in 2013 warned Lily mine that it needed to open a new entrance as the one it has been using since 2009 was not strong enough due to frequent local rockfalls. The geologist added that there should be monthly checks on the pillars’ stability, and this was never done.
The mine claimed its attention was on its newly acquired mine in the same areas at the time.
“The findings will be submitted to the high court for review in terms of the provisions of section 81 and 82 of the Inquest Act. After, the finding shall have the same effect as an order by the high court. Section 70 of the Inquest Act the record will be forwarded to the director of public prosecutions to consider the possibility of instituting proceedings of criminal proceedings,” said Van Der Merwe.
NPA spokesperson Monica Nyuswa said: “The NPA notes the findings of the judgment, and an informed decision will be made after carefully studying the judgment.”
Nkambule’s brother, Sfiso Mavuso, said their family was relieved by the outcome.
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