Pretoria – The Pretoria High Court 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 verdict follows an urgent application submitted by Zinzi Tom, whose brother, Ayanda Tom, is among the many miners who have been trapped since July 2024.
During the hearing on Friday, January 10, 2025, the court learned that there are over 100 bodies of miners located underground.
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In her ruling, Judge Ronel Tolmay remarked: “We do not wish for this situation to be regarded as the darkest chapter in our history.
“During my time on the bench, no one shall go without food. From a constitutional perspective, it is unethical to deny anyone water and food.
“It cannot be that more lives will be lost.”
The judge further stressed: “Systems must be put in place to ensure that no one is deprived of basic necessities.”
The Mining Affected Communities United in Action (MACUA) stated that the ruling signifies a crucial moment in the fight against systemic neglect, with Zinzi Tom’s legal challenge underscoring the state’s responsibility to protect marginalized communities.
“The High Court’s decision is a significant step in holding the state accountable and prioritizing the sanctity of human life over a detrimental state agenda,” MACUA commented.
“For the miners and their families, this ruling brings hope that rescue operations will begin without undue delays, marking a significant turning point in the ongoing quest for justice.”
Additionally, the court has mandated the continuous provision of food, water, and medical care to the trapped miners throughout the weekend.
Judge Tolmay called on stakeholders to take decisive action to prevent any further loss of life.
The court requires immediate notifications to intervene if any issues arise.
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