By Lehlohonolo Lehana.
The Mbombela Magistrates Court has found the management of Lily Mine, the police and the Department of Mineral Resources and Energy (DMRE) all had a role to play in the collapse that led to the death of three people.
Magistrate Annamarie van der Merwe handed down judgment in an inquest held in November 2021 and February 2023.
This was to determine who was liable for the incident in which three mineworkers – Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda – were killed. They were last seen on 5 February, 2016, inside the lamp room before it sunk underground when the mine collapsed.
The shipping container containing the three workers remains, buried about 60 metres underground.
When the incident happened, numerous rescue efforts were undertaken by the mine, the DMR to try and rescue the missing persons. These attempts had to be stopped as they proved to be dangerous due to the instability of the land around.
The employer undertook an investigation as mandated by section 11(5) of the Mine Health and Safety Act 29 of 1996 (MHSA), in which it concluded that the reasons for the failure of the crown pillar could not be established with precision due to the complexity of the crown pillar. The investigation by the employer was completed on the 31st of October 2016.
The report however mentioned some possible causes, including unpredictable and highly variable ore-body geology on strike and dip within a shear zone; low rock stress environment; unpredictable rock mass properties enhanced by highly variable nature of the ore body; effects of the groundwater in the backfill material within the pit during the early stages of mining; the original mine design and layout, and the result of these on subsequent mining operations and blast damage from mining operations over a long period of time since underground mining first commenced. In addition, the report indicated that illegal mining activities taking place on the upper levels, including in the vicinity of where the crown pillar collapsed and regional seismic activity along the Lily fault could have contributed to the collapse.
The investigation report highlighted that the crown pillar was never viewed as a potential risk by the rock engineers since 2008. In addition, the report places emphasis on the fact that no unsafe conditions or procedures were implemented or actioned by the mine management team, professional rock engineers or mining personnel that may have contributed to or caused the accident. More emphasis was placed on the fact that illegal mining activities cannot be overruled as a direct cause of the incident. The report thus found that the employer /owner of the mine, including the mine management were not liable for the incident.
“The two most important questions everybody wants answers to are whether the management of Lily Mine took sufficient precautions to guard against the occurrence of the incident and whether anyone can be held responsible for the deaths of the three deceased,” Van der Merwe said.
Van der Merwe has further found the deceased’s deaths were brought about by the failure of the South African Police Service and the DMRE to assist the Lily Mine management in their efforts to combat illegal mining and/or effectively and constructively address the problem of illegal mining – thereby failing in their constitutional duties.
She has also found that the deaths of the three were caused by the omission on the part of the employer and/or mine management to do a proper assessment as required by the Mine Health and Safety Act. This to determine the possible hazard the crown pillar might have posed to the structure of the mine..
The judgment is set to be referred to the prosecuting authorities, for potential criminal prosecution.
Mike McChesney, CEO of Goldfields, which owned Lily Mine, welcomed the court findings and said he was delighted it had finally happened.
He also welcomed the court’s finding that the extensive illegal mining was the primary cause of the mine collapse.
“The zama zamas were prevalent. It’s a scourge in the entire country and Barberton. The fact that we have closure is very good,” he added.