
Pretoria – The high court in Pretoria has ordered Mine Rescue Services to commence operations to rescue “illegal miners” trapped underground in Shafts 10 and 11 of the Buffelsfontein Gold Mine in Stilfontein, North West.
This ruling follows an urgent application submitted by Zinzi Tom, whose brother, Ayanda Tom, is among the miners who have been trapped underground since July 2024.
During the hearing on Friday, (10 January 2025), the court learned that there are over 100 bodies of miners underground.
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In her ruling, Judge Ronel Tolmay remarked: “We do not want this situation to be characterized as the darkest chapter in our history.
“During my tenure, no one will go without food. From a constitutional perspective, it is immoral to deny anyone access to water and food.
“It cannot be allowed that more people will die.”
The judge further emphasized: “Systems must be implemented to ensure that no one is deprived of basic necessities.”
The Mining Affected Communities United in Action (MACUA) stated that the judgment signifies a crucial moment in the fight against systemic neglect, with Zinzi Tom’s legal effort shedding light on the state’s responsibility to protect marginalized communities.
“The High Court’s decision is a vital step towards holding the state accountable and prioritizing the sanctity of human life over a detrimental state agenda,” said MACUA.
“For the miners and their families, this ruling brings hope that rescue operations will begin without unnecessary delays, representing a significant shift in the ongoing struggle for justice.”
The court has also mandated the ongoing provision of food, water, and medical assistance to the trapped miners throughout the weekend.
Judge Tolmay urged all stakeholders to take urgent action to prevent any further loss of life.
The court requires immediate notifications for intervention should any complications arise.
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