SOWETAN SAYS | Rule of law, human rights linked

The high court in Pretoria on Monday dismissed an application which sought to compel the government to provide emergency relief to illegal miners underground at Stilfontein mine in the North West.

The court found that the application by the Society for the Protection of our Constitution lacked cogent proof to support allegations that the miners were trapped underground.

The organisation wanted to compel the government to provide food, water, medical aid and blankets to the zama zamas and to also extract them from underground.

The court further found that the organisation had failed to prove that the state’s response to the situation was not measured, considered and proportional.

However, Judge Brenda Neukircher said the application was premised on facts that have been shown to be incorrect.

The police have welcomed the judgment, maintaining they have never acted in violation of any constitutional right to life and dignity. The application was filed after police launched Operation Vala uMgodi to rid the area of illegal mining activities. Police were alleged to have blocked the supply of food and water to force the illegal miners underground to resurface.  

The high court ruling on Monday is significant in that it affirms the police’s version that the miners underground are not trapped. But equally important to note is that the same court granted an order on the urgent application brought days before directing the police not to block supply of food and water to the illegal miners to protect their rights.

Our police service exists to uphold the rule of law. The constitution dictates that policing must be based on protection of human rights.  Illegal mining has adversely affected many communities with crime levels increasing and people terorrised in their own homes for years.

For far too long our police had no strategy to deal with this problem until it reached crisis levels. Operation Vala uMgodi was therefore launched as a response to this crisis and its results have been encouraging with the number of arrests made.

The judgment serves as an important moment of reflection: the rule of law and the protection of human rights must go hand in hand if we are to build a safer, more just society for all. It should not be used to harden positions against illegal miners to an extent of violating their rights.