There is no need for the illegal miners who are still underground in Stilfontein, in the North West province, to wait for rescue operations to intervene, as the majority of the miners can, in the meantime, exit safely at another mine shaft which has been opened.
This is according to an affidavit issued to the Gauteng High Court, Pretoria, on behalf of the minister of mineral resources.
Both the minister and the police maintain that these miners are not trapped. They are adamant that those who have opted not to exit the mine are simply still there because they fear being arrested.
Jose Melembe, principal inspector of mines in the North West region, denied in an affidavit made on behalf of the minister’s office that the police blocked the entrance so that miners could not surface.
“The police have never blocked any entrance to the mine, but instead what has been confiscated are explosives, firearms, alcohol, and generators.”
The affidavits by the police and minister were handed to court following an application in which the Society for the Protection of Our Constitution approached the court for an urgent order to assist the miners who were still underground.
Judge Brenda Neukircher ordered 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 for the respondents to make their representations. Judge Neukircher stood the matter down until tomorrow (Thursday) so that she could read through the answering affidavit and for the applicants to reply to it.
Melembe and the police maintained that the illegal miners were not trapped, as an alternative exit was available for them.
“The illegal miners have an alternative exit which is made available and more than 500 illegal miners have utilised Magaret mine shaft to exit Stilfontein.”
He said that, to date, 1187 illegal miners 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 are 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 a limited supply of water and food.
“No steps have been taken by the police which undermine 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 the 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 states 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.
Buffelsfontein Gold Mines has 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 a 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.”
But, 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, in the meantime, exit safely at Magaret mine shaft.
“The 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,” Melembe said.
Police spokesperson Brigadier Athlenda Mathe outside court reiterated that the illegal miners were not trapped, but they are refusing to resurface to avoid arrest.
She said this is proven by a note brought to the surface by one of the miners who was pulled out of the mine with a rope. The request was for food and water and nowhere did they mention they were trapped, she said yesterday.
Yasim Omar, who is part of the team that launched the urgent application to assist the miners, said if the miners are not urgently assisted, we could face a situation that could even be worse than Marikana.
“It is a matter of life and death,” she said.
Pretoria News