Humanitarian relief court bid for Stilfontein zama zamas postponed

Application brought by Society for the Protection of Our Constitution says they are trying to prevent another Marikana massacre

The Pretoria high court has postponed the court bid that sought relief for illegal miners stuck underground in Stilfontein to Thursday, as a human rights organisation tries to avoid another Marikana massacre.

The application, brought by the Society for the Protection of Our Constitution, returned to the high court on Tuesday for respondents — including the ministers of cooperative governance and traditional affairs (Cogta), police, health and mineral resources — to make their representations. This after the organisation was granted an interim order on Saturday where police were ordered to allow relief to the illegal miners.

The court postponed the matter to Thursday for the state’s responding affidavit to be considered.

The society sought humanitarian aid and for policeto permit non-emergency personnel to go down the 2km-deep shaft to haul out more than 4,000 illegal miners.

Speaking outside the court on Tuesday, Yasmin Omar, who represents the applicants, said this bid was based on the police’s initial plan not to supply any aid or rescue plans to the illegal miners. She said all they asked for was the supply of basic necessities such as blankets, emergency care, food and water.

“The fact is that we are sitting with another situation that is even worse than Marikana. It is no good for us to be commemorating the Marikana massacre at a certain point every year, but we are allowing a situation where a significant number of lives are going to be lost while we are watching,” Omar said.

The illegal miners were stuck underground when police pounced during Operation Vala Umgodi and prevented the supply of food and water to the illegal miners to compel them to come out to face arrests.

In the last week, police have permitted community members to use a rope to pull out the illegal miners while instant porridge and water were permitted to be sent down. In addition, Harmony Gold Mine, which owned subsidiary Margaret Water Company, told TimesLIVE last week that miners were using their mine as an exit point while receiving medical care before being processed by police.

“What government told us prior to these applications starting — they said these are criminals down there and they will never give them assistance. To make an about-turn now to say they are giving them food was not the attitude of the government ... We’ve come to court not asking for ammunition to go down there. We’ve asked that basic necessities be delivered to the people — simply, food, water, blankets, emergency care — because the community is complaining they are trapped down there,” said Omar.

Police spokesperson Brig Athlenda Mathe said they welcome the court’s postponement to consider the police's answering affidavit and for the applicant to get an opportunity to see the issues brought forward by the SAPS.

The answering affidavit emphasised how illegal miners were not trapped but were instead refusing to resurface to avoid arrest, she said.

“What we as police officers have been preventing from going [underground] is firearms, generators, explosives and more illegal miners ... to continue with the illicit mining activities,” Mathe said.

The police have allowed limited supplies such as Mageu maize-based drink, instant porridge and water for the starved illegal miners to gather strength so they can resurface, she said.

In addition, an alternative shaft by Magalies Water has been opened for illegal miners to use as an exit.

“We received a notice from these illegal miners on Saturday afternoon that resurfaced with a rope and in that note they requested us to supply them with food. In no way did they state that they were trapped. It is [on] that basis that we say they are not trapped.”

A note was sent on Monday where the illegal miners requested that ARV medication be sent down to them, which the police would do since the Pretoria high court issued an interim order on Saturday ordering them to not bar the supply of necessities and food.

“We are continuing with our operation and we are stamping the authority of the state. The rescue mission is unfolding. We have the mine experts at the mine ... That is the process that is unfolding,” Mathe added.

TimesLIVE