The Gauteng High Court in Pretoria on Friday ruled that government must use Mining Rescue Services (MRS) to help rescue miners that are still trapped in Stilfontein.
The court made the ruling after an urgent application brought by Zinzi Tom, whose brother, Ayanda Toot, is among the hundreds of miners still trapped in the mine.
The court ordered the government finalise a service level agreement and appointment MRS, which is a non-profit company.
Human rights organisation Mining Affected Communities United in Action (Macua) said rescue operations should begin as soon as possible.
“While there is some uncertainty about whether operations will begin tomorrow 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,” it said.
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In her ruling, Judge Ronel Tolmay said the trapped miners cannot be deprived of food and water.
“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.”
Macua said the ruling reminds the state that it has a duty to protect citizens.
“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.
“For the miners and their families, this decision brings hope that rescue operations will begin without further delay, marking a turning point in the ongoing struggle for justice.”
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However, in an interview on Newzroom Afrika, Macua executive director Christopher Rutledge said it will still take a few weeks to rescue all the miners from the Stilfontein mineshafts.
“The MRS is only going to be able to bring out a limited amount of people per day, so we’re looking at an extensive programme of three to four weeks,” he said.
He added that the time it takes to rescue the miners will depend on the number of people that need to be brought up and the number of bodies that need to be retrieved from the mine.
On Thursday, community members who were trying to send food and water into the abandoned mine said they had received a letter from the illegal miners.
The letter claimed that at least 109 people had died underground amid worsening conditions.
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