By Lehlohonolo Lehana.
The Pretoria High Court heard affidavits respondents filed following Society for the Protection of the Constitution’s urgent application to allow illegal miners to resurface safely.
On Saturday, the court granted interim measures pending the finalisation of the main application.
The ruling follows growing concerns about the well-being of the illegal miners – who can spend months below ground – after police cut off food and water supplies.
The blockade of the Stilfontein mine is part of an escalating clampdown by the government and police on the activity of illegal miners in the country.
The South African Police Service (SAPS) welcomed the court order but said that the ruling does not prevent the detention of illegal miners who are in good health.
The non-governmental organisation Society for the Protection of Our Constitution urgently approached the court to challenge the constitutionality of police action during an anti-illicit mining operation.
Yasmin Omar, the lawyer representing the illegal miners, accused the government of attempting to force the miners into submission or face imminent death.
“It’s not the intention of the applicant to dictate to the police how to do their job. We’re alive to the fact that there are laws governing how people must be brought to court to face justice and for law and order.
“What the applicant is contending is, having regard to that, there are various ways to get people to court and the least harsh method should be employed. The fact that the least harsh method is not being employed is a violation of the basic rights of the people underground.”
In his response on behalf of the state, advocate Bonginkosi Lukhekele argued that limited aid has been provided to the miners and an alternative exit remains open.
He further argued that the trapped miners sought to prolong their stay underground.
“There are people outside who attempt to bring generators to miners who are trapped. It shows that this is a serious criminal syndicate. When the court looks at this application, it can’t look at it in the sense that its helpless miners who are down there.”
Lukhele asked the court not to bar police from executing their mandate of preventing and combatting crime, especially since illicit mining has been identified as an activity which threatens the economy and the safety of citizens.
He said the applicant needed to gather facts, produce evidence, and meet the legal requirements to obtain the interdict it sought from the court.
During her arguments, Omar conceded that they were unable to attach statements from the alleged victims or their relatives. Instead, they relied on media reports and statements from organisations such as the South African Federation of Trade Unions.
“It is trite that as a matter of law, interdict is a remedy of invasion of rights, whether in the past or present and that invasion of rights has to emanate from facts of what transpired.
“In this case, we don’t have any affidavit claiming miners to be trapped underground, that their right to life, dignity, and health is undermined by the respondents, “contended Lukhele.
Judgment has been reserved and is expected to be handed down on Monday.
Meanwhile police spokesperson Brigadier Sabata Mokgwabone, said an individual sought to extract a 30% cut from one of the contractors working on the site.
There’s no formal case that has been opened. The reason we are raising it we want member of the community also to be aware that not everybody who is here, is here for a good cause,” said Mokgwabone.
We have people here but now for ulterior motives, but we will definitely follow up on that,” Mokgwabone said.
Since its inception in December 2023, more than 13,691 suspects have been arrested in the seven provinces that were flagged as hotspots for illegal mining.