By Lerato Mpembe
Community members who volunteered to rescue illegal miners trapped underground in Shaft 11 in Stilfontein, North West, have threatened to take legal action through the South African Human Rights Commission (SAHRC). The move comes amid reports of severe starvation among the trapped miners, despite a court order mandating the provision of humanitarian aid.
The Gauteng High Court in Pretoria handed down an interim order last weekend instructing emergency personnel to provide the miners with food, water, and medical assistance. However, community members and their legal representatives argue that this order has not been adequately implemented, leaving the miners in dire conditions.
Legal Advocacy on Behalf of the Miners
Lawyers for Human Rights, representing the mining community, have written to the North West MEC for Community Safety and the South African Police Service (SAPS), urging compliance with the court order. Advocate Thato Gaafane, speaking on behalf of Lawyers for Human Rights, expressed concern about the interpretation and implementation of the court directive.
Police and Community Tensions
Community rescue efforts were reportedly halted by the police, who cordoned off significant areas around the mining site. This, according to Gaafane, has prevented volunteers and non-emergency personnel from delivering essential aid to the miners.
“The court order does not explicitly prohibit community members from being near the mine shaft or participating in rescue operations. By stopping their efforts, the police are infringing upon the rights of the trapped miners,” Gaafane asserted.
Humanitarian Crisis Underground
Reports indicate that the miners have not received adequate food or water since Saturday, putting them at severe risk of life-threatening health conditions. Community members have raised alarms over the miners’ constitutional rights to life, dignity, and safety being compromised due to prolonged deprivation.
“The trapped miners are facing starvation and dehydration, which could lead to irreversible health complications. Despite numerous attempts to engage the police for immediate assistance, these efforts have been ignored, leaving our clients no choice but to escalate the matter legally,” Gaafane stated.
Constitutional Rights at Stake
The legal representatives argue that the lack of action undermines the miners’ constitutional rights. Section 27 of the South African Constitution guarantees the right to access healthcare, food, and water, while Section 10 enshrines the right to dignity.
Gaafane emphasized, “The miners are human beings whose fundamental rights must be upheld, regardless of their legal status as miners. Ensuring their survival is a basic requirement of humanity and constitutional responsibility.”
Community Members Consider Legal Action
Frustrated by the lack of progress, community members have vowed to approach the SAHRC to demand accountability and ensure that the miners receive the necessary aid. They argue that the humanitarian crisis is exacerbated by the authorities’ failure to act promptly.
“We are not asking for special treatment but for the police and emergency services to fulfil their constitutional obligations. We cannot stand by while human lives are at stake,” said a community leader involved in the volunteer rescue efforts.
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