Nomahlubi Khwinana. Picture: Screengrab Newzroom Afrika screengrab
The South African Human Rights Commission (SAHRC) has strongly condemned “reckless utterances” by senior government officials regarding illegal miners in Stilfontein, setting up a confrontation between human rights concerns and law enforcement objectives.
“Whether it is utterances that have been made, which must be condemned especially where they are reckless and they are in a way violating human rights; definitely those have to be looked at,” said Commissioner Nomahlubi Khwinana to Newzroom Afrika on Tuesday.
The criticism follows controversial statements by Minister in the Presidency Khumbudzo Ntshavheni, who declared that no law enforcement resources would be deployed to assist “criminals”, a position later echoed by the North West police commissioner and other officials.
Despite the government’s hard-line stance, a High Court order over the weekend has forced authorities to provide humanitarian assistance, including antiretroviral drugs and other essential supplies to miners who remain underground in the disused shaft.
This order directly challenges the initial position taken by law enforcement leadership.
“It would be wrong to immediately assume that every one underground is a criminal,” stated Khwinana, highlighting the SAHRC’s concerns about the authorities’ approach.
Khwinana said the commission deployed senior legal officers to investigate potential human rights violations during Operation Vala Umgodi.
ALSO READ: Stilfontein mine: Police will still arrest illegal miners after court order
Khwinana said the SAHRC followed public information that access to the Stilfontein shaft was blocked, and the illegal miners were denied food and water supplies.
She said that the investigation launched by her department put the spotlight on ‘serious allegations’ posed to authorities and sought to identify whether there was any potentially inhumane treatment.
“Once we are done with our investigation, we’ll then have a hearing where people will be required to testify and we will then have to make a recommendation having heard all the evidence.
“At this stage, it is difficult to say what exactly has been done except for the allegations that we have heard.”
However, Ntshavheni, in her media address, previously said that the zama zamas in Stilfontein were not trapped; they were just refusing to exit the shaft to evade arrest.
ALSO READ: Water and food to be delivered to illegal miners as police urge them to resurface
Khwinana acknowledged the complex nature of the situation, noting that while law enforcement has a mandate to combat illegal mining, this doesn’t supersede basic human rights obligations.
“Law enforcement officials must carry out their mandate while protecting human rights. They cannot violate them in the process,” she emphasised.
She said the court order issued by the North Gauteng High Court was giving them comfort in ensuring that law officials are adhering to its rules.
The SAHRC has taken a case to the Constitutional Court to address concerns about the binding nature of its recommendations, following previous challenges to its enforcement powers.
NOW READ: ‘We are rescuing criminals’: Authorities mum on plan to rescue illegal miners in Stilfontein
Download our app and read this and other great stories on the move. Available for Android and iOS.
