Legal action looming over mine deaths
Publish date: 20 January 2025
Issue Number: 1109
Diary: IBA Legalbrief Africa
Category: South Africa
The families of dozens of illegal mineworkers, whose bodies were recovered from a disused gold mine in Stilfontein are preparing to sue the government for damages, according to a Saturday Star report. The illegal miners, known as zama zamas, had been trapped underground for months, with reports indicating that many of them died from starvation. The deaths have sparked outrage, and the General Industries Workers Union of SA (Giwusa) is calling for a comprehensive investigation into the incident. Giwusa said that 78 bodies were recovered from the mine following a Gauteng High Court (Pretoria) order to begin rescue operations 10 days ago. Giwusa president Mametlwe Sebei said the Mining Affected Communities United in Action would file a case seeking to hold the government responsible for the deaths. ‘We demand an independent commission of inquiry to fully investigate the events leading to the massacre, the conditions underground, and the actions of all responsible parties; to ensure accountability and hold government officials, police leadership, industry actors, and even morally bankrupt media outlets criminally accountable,’ the union stated.
The SA Federation of Trade Unions (Saftu), of which Giwusa is an affiliate, has also entered the fray, promising that if post-mortem tests confirm that starvation was the cause of death, it will spare no effort in ensuring that those responsible within the government are held accountable. ‘SA is not a banana republic where the state can act with impunity. The Constitution and international law demand justice, and Saftu will fight for it,’ the federation’s general secretary, Zwelinzima Vavi, said. The Saturday Star notes Police Minister Senzo Mchunu said this was not the time to be judgmental of the government before the full picture emerged. Police are waiting for pathologists to determine the causes of the death of the 78 zama zamas, according to the Minister. ‘Let’s wait until we retrieve all the bodies,’ he said.
