Trapped illegal miners are innocent until proven guilty, says SAHRC

SAHRC said any approach towards the situation of the trapped illegal miners, must adhere to human rights principles. File Photo: Hawks

SAHRC said any approach towards the situation of the trapped illegal miners, must adhere to human rights principles. File Photo: Hawks

Published 18h ago

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The South African Human Rights Commission (SAHRC) said it was aware of reports that the South African Police Services (SAPS) had restricted essential supplies—such as food, water, and medication to the trapped illegal miners in an effort to pressure them to resurface.

The illegal miners, said to be in their thousands, have been stuck deep in the shafts of disused mines in Stilfontein, North West for nearly three months after the area was flooded with police as part of Operation Vala Umgodi – a government blitz against illegal mining.

Operation Vala Umgodi has restricted people from the abandoned mines from delivering food boxes, water, and other necessities to illegal miners.

Reacting to the Vala Umgodi operation, the SAHRC said it condemned criminality and supports lawful operations addressing such conduct, however, it emphasised that any approach towards the situation, must adhere to human rights principles.

“It must also adhere to and constitutional imperatives, including the preservation of life, human dignity, the avoidance of inhumane treatment, and the principle of being innocent until proven guilty,” the SAHRC said in a statement.

Several illegal miners have heeded the police’s calls and emerged from the mine shafts, while others have remained underground. File Picture: Antoine de Ras

The humanitarian organisation added that it has written to the South African Police Services (SAPS) seeking clarification on its current operations and the strategy it intends to employ to de-escalate the situation and safeguard the lives of the miners who were still underground.

Additionally, on Thursday and Friday, the Commission said it conducted site visits, where it engaged with the SAPS personnel and community leaders present at the scene.

“These visits provided the Commission with a deeper and clearer understanding of the complexities surrounding the issue, including competing values and imperatives, the potential challenges of a rescue operation, and the urgent need for measures to protect the miners’ lives while upholding the rule of law and not risking the lives and safety of SAPS personnel,” the SAHRC said.

Going forward, the SAHRC said it will continue engaging with SAPS and other stakeholders involved in the “Vala Mgodi” operation, including the Department of Mineral Resources (DMR), and the South African National Defence Force (SANDF), among others, to clarify their respective roles and responsibilities towards the miners.

On Wednesday, Minister in the Presidency, Khumbudzo Ntshavheni told reporters that government would not attempt to rescue illegal miners stranded underground. Instead, she said the government would “smoke them out”.

“We are not sending help to criminals. We are going to smoke them out. They will come out. We are not sending help to criminals. Criminals are not to be helped. Criminals are to be persecuted,” she said.

“We didn’t send them there, and they didn’t go down there for the good benefit or for the good intentions for the Republic. So, we can’t help them.

“Those who want to help them, they must go and take the food down there. They will come out, we will arrest them,” she emphasized.

The remarks have sparked a whirlwind of reactions, with some supporting the minister’s strong stance while others lambasted Ntshavheni, saying her words lack empathy to the families who have gathered to seek help for their miners.