Mining Rescue Services (MRS) have been ordered to begin operations to rescue miners trapped at Stilfontein after an urgent plea was made by the sister of one of the miners.
Through Lawyers for Human Rights, Zinzi Tom, filed an urgent application in the Gauteng High Court, Pretoria, in the hopes of being reunited with her brother.
Tom sought the court to invoke Section 38 of the Constitution, where she demanded that the “State take immediate responsibility for funding the rescue of artisanal miners” trapped in Shafts 10 and 11 of the Buffelsfontein Gold Mine.
The court on Friday ordered the State to finalise and send a service-level agreement and letter of appointment to MRS and also mandated the uninterrupted delivery of food, water, and medical aid to the trapped miners over the weekend.
If these efforts faced any challenges, the court required immediate notification to intervene.
In an affidavit, Tom submitted to the court: “I bring this application as an urgent bid to save (Ayanda Tom) my brother’s life, in the hope that he is still alive. I also bring this application in the interests of women and children whose loved ones are trapped underground, facing imminent death.
“The lives of poor people cannot be treated as expendable. The State must act now to save lives and pursue reimbursement later. The Constitution guarantees the right to life and dignity for all, not just the privileged few,” Tom averred.
Spokesperson for Mining Affected Communities United in Action (Macua), Magnificent Mndebele, said: “While there is some uncertainty about whether operations will begin (today) or on Monday, MRS has assured the court that they are prepared to act immediately and once payment is made, they will then deploy the team and equipment to begin rescue operations. The court also mandated the uninterrupted delivery of food, water, and medical aid to the trapped miners over the weekend, with Judge (Ronel) Tolmay imploring all stakeholders to act decisively to prevent further loss of life.”
Reacting to the judgment by Judge Tolmay, Mndebele said: “In her powerful remarks during the proceedings, (Tolmay) stated: ‘It is unthinkable that people are deprived of food over the weekend. We do not want a situation where this will be marked as the darkest point in our history. On my watch, no one will go without food. From a constitutional basis, it is immoral not to get water and food. It can’t be that more people die’.
“This judgment represents a critical moment in the fight against systemic neglect, with Zinzi Tom’s legal challenge serving as a powerful reminder of the state’s duty to protect marginalised communities. The high court’s ruling is a significant step in holding the state accountable and prioritising the sanctity of human life over a murderous state agenda,” said Mndebele.
A letter that emerged from the miners trapped in Shaft 11 exposed the human cost of this systemic neglect.
“Mothers and Fathers, we come in peace. People around us are dying by the hour, and currently, 109 people have died. We are living a fearful existence and would appreciate your sympathy…” the letter read.
Reacting to the letter, the General Industries Workers Union of South Africa (GIWUSA) said they are saddened to learn from affected mineworkers at Stilfontein that fatalities now amount to 109.
Also reacting to the judgment, GOOD Party’s Secretary General, Brett Herron, said swift action must be taken.
“Zinzi has maintained that her brother is a decent man, who left a life of gangsterism and turned to illegal mining to make a living. The court ruling once again upholds the fundamental right to life, guaranteed by Section 11 of the Constitution. This right has been tested numerous times and has always prevailed. Whether a citizen, documented, or undocumented immigrant, this right has been protected by our courts…
“The Stilfontein saga is a crisis of government’s own making. They have failed to tackle the underlying socio-economic issues that contribute to illegal mining, like unemployment and the lack of economic opportunities. (We) hope this ruling is not too late and the lives of those trapped can still be saved,” said Herron.