By Selinda Phenyo
The Pretoria High Court has dismissed an urgent application for emergency humanitarian relief for illegal miners at the disused Buffelsfontein gold mine in Stilfontein, North West Province. The application, brought by the Society for the Protection of Our Constitution, sought to compel the South African Police Service (SAPS) and other government departments to provide food, water, medical assistance, and blankets to miners underground.
Background: The Stilfontein Crisis
Illegal mining activities in Stilfontein have escalated into a national crisis. The Buffelsfontein mine, long abandoned, has become a hotspot for illicit mining operations. These activities are driven by complex socio-economic factors, including unemployment and organised criminal networks.
The situation gained heightened attention earlier this month when Operation Vala Umgodi (“Close the Hole”) was launched by SAPS in collaboration with the South African National Defence Force (SANDF). This operation aims to dismantle illegal mining networks, secure disused mine shafts, and enforce the rule of law in affected areas.
To date, more than 1,000 illegal miners have voluntarily surfaced and been taken into police custody. However, reports of miners refusing to emerge due to fear of arrest have complicated the operation. This tension led to the Society for the Protection of Our Constitution filing an urgent application for emergency relief, which has now been dismissed.
SAPS Welcomes the High Court’s Judgment
The SAPS has welcomed the High Court’s decision to dismiss the application. In a statement, National Police Commissioner General Fannie Masemola emphasised that the SAPS has acted within the bounds of the Constitution.
“The SAPS has never blocked any shaft nor prevented illegal miners from exiting. This is evident in the 1,239 illegal miners who have resurfaced in the past few weeks,” Masemola said. He further stated that food and water had been provided to the miners in limited quantities and that medical personnel were on standby to assist those requiring care upon surfacing.
Masemola reiterated that the SAPS’ primary mandate, as outlined in Section 205 of the Constitution, is to prevent and combat crime, maintain public order, and ensure community safety. He described the Buffelsfontein mine as a “crime scene” and defended the police’s actions to secure the site.
Emerging Miners and Harrowing Accounts
On Monday, 25 November 2024, fourteen illegal miners, including a 14-year-old boy, emerged from Shaft 10 of the Buffelsfontein mine. These individuals, all Mozambican nationals, cited severe hunger and dehydration as their reasons for surfacing. They also claimed that armed men underground were holding other miners hostage, preventing them from exiting.
One miner revealed that he had been recruited under false pretenses, believing he would find legitimate employment. Instead, he found himself coerced into the dangerous and illegal activity of zama-zama mining. These accounts shed light on the exploitative networks that prey on vulnerable individuals, many of whom are migrants from neighbouring countries.
Government Response: A Balancing Act
President Cyril Ramaphosa addressed the crisis in his weekly newsletter, reaffirming the government’s commitment to resolving the Stilfontein standoff through peaceful and lawful measures. The President stressed the importance of upholding human rights while maintaining the rule of law.
“The Stilfontein mine is a crime scene where the offence of illegal mining is being committed. It is standard police practice everywhere to secure a crime scene and block off escape routes that enable criminals to evade arrest,” Ramaphosa stated.
He also highlighted the government’s collaboration with the mining industry to rehabilitate or close disused mines to prevent illegal activities. The President acknowledged the economic and safety risks posed by illegal mining and emphasised the need for a comprehensive approach to address the issue.
Humanitarian Concerns vs. Legal Mandates
The dismissed application underscores the tension between humanitarian concerns and the enforcement of the law. The Society for the Protection of Our Constitution argued that denying emergency aid to miners violated their constitutional rights to life and dignity. However, the court’s decision aligns with the government’s stance that providing extensive support to illegal miners could inadvertently encourage further illegal activities.
Minister in the Presidency Khumbudzo Ntshavheni echoed this sentiment, stating, “We are not sending help to criminals. Criminals are not to be helped; criminals are to be prosecuted.” This tough stance reflects the government’s broader objective of dismantling illegal mining operations while deterring future incidents.
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