Court orders police to stop blockade of zama-zama exits in Stilfontein

High court issued an urgent provisional order with the matter postponed to Tuesday

The Pretoria high court has granted an order preventing police from blocking the unused mine in Stilfontein where more than 4,000 illegal miners were stuck underground, further ruling that illegal miners be allowed to exit.

The zama-zamas have remained underground for several months and since the police’s Operation Vala Umgodi pounced on them in Orkney this month, many have refused to resurface for fear of arrest. Police had since blocked the supply of food and water to the illegal miners to compel them to emerge, but this has led to some deaths while others have fallen ill and are too weak to resurface.

From Wednesday, residents in neighbouring communities have taken on the task of rescuing the illegal miners by using rope to pull them out — which the police have permitted. The police themselves have declined to go underground due to safety concerns.

The Society for the Protection of our Constitution approached the high court for an urgent order, which was heard by Judge Brenda Neukircher on Saturday.

“Pending finalisation of the application, the mine shaft in Stilfontein, which forms the subject matter of this application, shall 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 mine shaft,” Neukircher ordered.

The matter is postponed to Tuesday for the respondents, the ministers of co-operative governance & traditional affais, police, health and mineral resources & energy to make their representations.

While the SA Police Service (SAPS) welcomes the court order, this does not prevent SAPS from performing its constitutional mandate, spokesperson Brig Athlenda Mathe said.

She said SAPS static deployment operations continue at all abandoned and disused mining shafts in the Stilfontein area where police appeal to all illegal miners to resurface.

“All those who resurface will continue to be assessed by emergency medical personnel on site, as has been the case. Those that are in good health will be processed and detained. Those that require further medical care will be taken to hospital under police guard,” Mathe said.

On Saturday morning, one South African citizen was arrested at a house in Kanana that was used as a smelter. “He was found to be in possession of gold-bearing material. Equipment used in illegal mining operations was also seized in this intelligence-driven operation,” she said.

By 4pm on Saturday afternoon, another three illegal miners managed to resurface, Mathe confirmed.

Meanwhile, North West MEC for community safety and transport management Wessels Morweng convened a meeting with stakeholders who are part of the rescue team established by police minister Senzo Mchunu.

After visiting the scene on Friday, Mchunu appointed Morweng to chair the rescue team to develop a comprehensive rescue plan to assist in bringing the illegal miners to the surface. This included a request to mine owners and rescue specialists to conduct the assessment that will inform the operational plan to rescue those stuck underground.

Morweng leads a rescue team made up of SAPS officers, the district and local mayors, community leaders, mine owners, mine rescue technical team and government departments,

“We all agree that we want to rescue those people and we need the community to come on board for us to succeed in this operation,” the MEC said in the meeting.

The mine owners indicated a need to clear the site before any resources could be deployed, which will happen once community members have vacated the area.

Morweng pleaded with community leaders who are part of the rescue team to communicate with members on site and those underground about the government’s intention.

“We need to allow the technical rescue team to make the proper risk assessment that will inform this operational plan. Our common ground here is to rescue those people. [We need to talk] to the community members on site and allow the mine owners and technical rescue team to clear the site and deploy relevant machinery to do the risk assessment and start to operationalise the plan,” Morweng said.

General Industries Workers Union of South Africa (Giwusa), Lawyers for Human Rights and Mining Affected Communities United in Action attended the scene on Saturday in support of the illegal miners and the community.

Giwusa president Mametlwe Sebei said after engaging with the police and Morweng, it was agreed that 600 packets of instant porridge would be supplied, including water.

“The rescue efforts by the community are also continuing. Three people have been brought to the surface and we are continuing to push for more,” Sebei said.

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