The Mbombela Magistrate’s Court in Mpumalanga said illegal mining was the primary cause of the collapse of part of Lily Mine which left three miners dead.
The court yesterday delivered judgment in the inquest into the collapse of Lily Mine in Barberton in 2016.
The court found that the Department of Mineral Resources and Energy (DMR) and police failed to deal with illegal mining in the area.
In addition, it found that Lily Mine management failed to ensure the safety of its employees Pretty Nkambula, Yvonne Mnisi and Solomon Nyirenda.
Seven years later, their bodies have not been retrieved despite promises by the mine management.
An inquest into their deaths started in 2021.
Furthermore it found that the state institutions, DMR and SAPS, violated the Constitutional rights of the three workers.
“The technical assessors revealed that the illegal mining activities inside the ground pillar were the primary cause of the collapse of the pillar,” said magistrate Annemarie van der Merve.
Van Der Merve additionally said: “As to whether the death was brought about by any act or condition prima facie involving or amounting to an offence on a part of any person, I find the deaths were brought about by the omission of the employer and/or mine owner or a mine management to do a proper assessment as required by section 11 of the Mine Health and Safety Act to determine the possible hazard the pillar might have posed to the structures and employees on top of the backfill and to assess the associated risks in connection.
Thereby failing to put into place necessary reasonable measures to mitigate the risk and or to regularly and effectively monitor the risk.
“In addition, the failure of the SAPS and DMR to assist the Lily Mine management in the efforts to combat illegal mining and or to effectively and constructively address the problem of illegal mining, thereby failing their constitutional duties,” she said.
ActionSA said this week’s Constitutional Court’s refusal to grant Vantage Goldfield’s leave to appeal a ruling which determined that the adopted Business Rescue Plan and amendments thereto should be submitted to creditors so that they may vote on the Business Rescue Plan, which will ultimately result in the re-commencing of operations at the Lily Mine.
ActionSA Mpumalanga Provincial Chairperson, Thoko Mashiane, said this means that the families of the miners stuck in the mine are one step closer to retrieving their bodies.
Mashiane said the party believes the Constitutional Court’s refusal is a victory for the families and will finally help bring closure as they have been repeatedly let down.