Illegal miners’ right to life trampled on – community leader

Local shops asked to donate food items for zama zamas

One of the community leaders in charge of an operation to rescue illegal miners at a disused mine in Stilfontein, North West, says they approached the South African Human Rights Commission because people’s rights are being undermined.

Johannes Qankase was speaking on Sunday, as rescue operations were suspended and set to resume on Monday.

He said he and three others approached the commission on November 5, asking it to intervene.

“We could see that people’s rights are being undermined. The constitution is very clear that everyone has a right to life and a right to healthcare, water and food but now people have been trapped underground and have gone days without food or water,” he said.

“So, we saw it fit for us to approach the human rights commission,” he said. “When we lodged a complaint we just told them that it was a matter of urgency and they were quick to respond. They (human rights commission officials) came here twice to investigate. They have not given us any feedback on what they have seen but we are happy they are acting.”

Qankase said they’ve been getting food and water donations from local shops. “Whatever money the zama zamas get, they spend it in this community, local shops ... so we went back to them and asked for donations,” he said.

Qankase said on Tuesday they sent 400 instant porridge and some bottles of water underground.

He said on Saturday when four people resurfaced, one was badly injured and said he got injured when they were fighting for food underground and was beaten with a rock on the head.

“Eight people were fighting for 1kg of the instant porridge. It is bad down there,” he said.

About 100 volunteers have been assisting illegal miners using a rope to pull them out, while their families gather not far from the mine, waiting for their loved ones to resurface.

On Sunday, it was a quiet day with no community volunteers and family members nearby.

For hours, two police vehicles could be seen parked next to the hole used by illegal miners to resurface.

Qankase said they decided to suspend operations on Sunday because some of the volunteers were very tired.

“So, they had to go and spend some time with their families. We will commence again tomorrow (Monday), after some of them [volunteers] regain their strength,” he said.

Qankase said they would be sending food and water to the illegal miners underground.

On Tuesday, the Society for the Protection of Our Constitution will be heading to the Pretoria High Court to argue for the rights of the zama-zamas.

Human rights activist Abderrrahman Regragui argued in court papers that the illegal miners had been denied access to basic supplies as part of an official strategy against illegal mining.

The respondents in the matter are the ministers of co-operative governance and traditional affairs, police, mineral resources and social development.

On Saturday, the Pretoria High Court granted an order preventing police from blocking the mine.

The court said pending the finalisation of the application, the mine shaft shall be unblocked and may not be blocked by any person or institution, whether government or private.

"Any miners trapped shall be permitted to exit. No non-emergency personnel may enter the mine shaft,” read the order.

In an affidavit, Regragui said the modus operandi of the official strategy was “illegal and unconstitutional”, in that it disregarded the right to life and inflicted torture among other things.

“It is widely reported that in the past few weeks, more than 1,000 miners have surfaced at various mines in the North West province with many reported to be weak, hungry and sick after going for weeks without basic supplies.

“These alleged illegal miners are suffering from lack of food, water and other necessities after police closed off the entrance used to transport these supplies,” Regragui said.

Regragui said unless the court granted their prayers, there was a real danger that thousands of people would die of starvation.

Since the police’s Operation Vala Umgodi, many have refused to resurface fearing arrest.

In addition to the lack of food and water, Regragui said these would invariably result in anxiety.

“The lack of water will invariably result in these miners suffering from dehydration. In addition, miners suffering from chronic illnesses will be denied the right to combat chronic illnesses such as high blood pressure, diabetes and the like.”

SowetanLIVE