Human rights organisation approaches ConCourt to prevent cannibalism at Stilfontein mine
Mining Affected Communities United in Action (Macua) said a previous court decision to not force government to rescue the miners is “legally and morally untenable”.
A system of pulleys and ropes installed by members of the South Africa Police Service is set up over an entrance to a disused gold mine shaft in Stilfontein, around 150 kilometres south-west of Johannesburg, 17 November 2024. Picture: EPA-EFE/STRINGER
Human rights organisation Mining Affected Communities United in Action (Macua) on Monday said it filed an urgent application with the Constitutional Court (ConCourt) to force the state to rescue the illegal miners that it says are trapped in the Buffelsfontein mine in Stilfontein, North West.
It also wants resources, such as food, water and medicine, to be sent down the abandoned mineshaft.
Macua approaches ConCourt over Stilfontein illegal miners
Macua approached the ConCourt after the Gauteng High Court in Pretoria on 20 December dismissed its attempt to force government to help the illegal miners.
On Monday, the organisation said hundreds of the illegal miners still underground “face imminent death and starvation”.
“Recent reports from underground indicate that more people have died in the intervening periods between our last court appeal and our application to the Constitutional Court,” it said.
Macua said it is concerned about reports that the miners are eating human flesh while trapped in the mine.
“The latest reports from those trapped underground indicate that the situation has deteriorated further to the point that the some of the trapped miners have resorted to sustaining themselves with the flesh of those who have torturously tried to climb to the surface and eventually fell to their death, or who have succumbed to starvation.”
ALSO READ: Court dismisses organisation’s application for relief of Stilfontein illegal miners
‘Court ruling morally untenable’
Macua added that the high court’s decision to not force the government and the Buffelsfontein mine to rescue the miners is “legally and morally untenable”.
It said the court “acknowledged that the miners were trapped but determined that the respondents had no legal obligation to rescue them”.
“Macua wishes to once again emphasise the fact that the more the state is allowed to shirk its constitutional obligations in rescuing the trapped miners, the more people will die.”
Letter from illegal miners
On Friday, Macua national administrator Sabelo Mnguni told The Citizen that a letter sent by the illegal miners details their dire situation.
“We are perishing slowly, it is difficult here underground. People are dying because of starvation. Hunger is the only thing we see that is killing people here underground,” the letter states.
“We have nine people who have already passed away. Some people are trying to exit at Shaft 10, but they keep falling.
“We are also eating [the] human flesh of those who are falling because of starvation. Please, we request assistance, there [are] a lot of people here underground.”
ALSO READ: Stilfontein illegal miners resort to cannibalism as relief efforts begin to dwindle
The police have insisted that the illegal miners are not trapped, but are refusing to resurface because they fear being arrested.
“[We] remain adamant that there is no illegal miner that is trapped underground and that they simply refuse to resurface because they are avoiding arrest,” said national police spokesperson Brigadier Athlenda Mathe earlier.
Macua, however, has accused the police of misleading the public and “misinterpreting its mandate” by not allowing sufficient relief to be provided to the miners and refusing to rescue them.
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