'Feeding illegal miners will be mockery of criminal justice system'

SAPS oppose feting of zama zamas in court paper

It will make a mockery of the criminal justice system if police were to allow the bulk supply of food, explosives, generators, firearms, ARVs and alcohol to the illegal miners trapped in a Stilfontein mine in the North West.  

This is what deputy police commissioner responsible for policing, Lt-Gen Tebello Mosikili, said in court papers filed in the Pretoria high court on Tuesday, where the application by the Society for the Protection of Our Constitution arguing for the rights of zama zamas was expected to be heard.

Mosikili said supplying these items will also encourage the zama zamas to stay longer and defeat their operation. She said cops have only permitted a limited supply of water and food. 

Mosikili did not say who told them that the miners be supplied with explosives, generators and alcohol.

However, she said around November 15, police stopped community members around the Stilfontein mine shaft from delivering alcohol, generators and unlawful firearms to the illegal miners. She said the items were confiscated and that the matter is still under investigation.

The intention of this operation is not to block illegal miners from resurfacing but it is to combat crime and to effect the necessary arrests.Deputy police commissioner responsible for policing, Lt-Gen Tebello Mosikili

The Society for the Protection of our Constitution has approached the court, seeking a mandatory interdict on the government to provide emergency disaster relief to the miners underground by providing food, water, medical aid, and blankets.

However, since the police's Operation Vala Umgondi started, more than 1,187 miners have resurfaced but some have refused because they fear arrest, said Mosikili.

She said those who decided not to come out elected not to do so, and not because of any conduct from the police.

"The police have taken all steps necessary to preserve life, human dignity and avoid inhumane treatment of these illegal miners by permitting limited supply of water and food."

Mosikili said the application should be dismissed with costs as the miners can safely exit at Margaret shaft.

"The intention of this operation is not to block illegal miners from resurfacing but it is to combat crime and to effect the necessary arrests.

"The harm that may befall emergency personnel who are not trained or 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."

However, the lawyer representing the organisation, Yasmin Omar, said it was not easy for the miners to walk out when they have been denied food and water.

"The people are in a dire situation underground, they are weakened, and we know this from the two people who were pulled out of Saturday, alive but in a weak state. In fact, they have indicated there are bodies down there and those that are alive are lying next to corpses. This is beyond barbaric and in complete violation of our constitution."

The department of energy and mineral resources' principal inspector of mines in charge of health and safety in the North West, Jose Melembe, also argued in court papers that the organisation's application should fail.

"Harmony Gold Mining Company Limited has made available its Magaret mine shaft as an emergency exit point from underground to the said illegal miners. To date, more than 500 illegal miners have utilised this shaft to exit from underground without risking their lives."

Melembe said Buffelsfontein Gold Mines Limited has engaged the Mine Rescue Services to assist the illegal miners in exiting the Stilfontein mine shaft.

He added the company is currently preparing a place underground for the rescue service to establish a base for its operations.

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