Pretoria – The high court in Pretoria has ordered Mine Rescue Services to begin 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 brought by Zinzi Tom, whose brother, Ayanda Tom, is among the hundreds of miners trapped underground since July 2024.
During the hearing on Friday, (10 January 20225), the court heard that there were more than 100 bodies of miners underground.
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In her ruling, Judge Ronel Tolmay said: “We do not want a situation where this will be marked as the darkest point in our history.
“On my watch, no one will go without food. From a constitutional basis, it is immoral not to get water and food.
“It can’t be that more people die.”
The judge added: “The systems must be in place to ensure that no one goes without basic supplies”.
Mining Affected Communities United in Action (MACUA) said the judgment represents a critical moment in the fight against systemic neglect, with Zinzi Tom’s legal challenge serving as a powerful reminder of the state’s duty to protect marginalised communities.
“The High Court’s ruling is a significant step in holding the state accountable and prioritising the sanctity of human life over a murderous state agenda,” MACUA said.
“For the miners and their families, this decision brings hope that rescue operations will begin without further delay, marking a turning point in the ongoing struggle for justice.”
The court also ordered the uninterrupted delivery of food, water, and medical aid to the trapped miners over the weekend.
Judge Tolmay implored stakeholders to act decisively to prevent further loss of life.
The court requires immediate notification to intervene if there are any challenges
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