Herman Mashaba: ‘Lily Mine victims have been denied dignity, justice’

Media statement by Herman Mashaba:  

Yesterday our legal teams, representing the former miners and families of the victims of the Lily Mine tragedy, have reported to me that the Department of Mineral Resources and Energy (DMRE) has failed to meet the first legal deadline to supply the supporting documents associated with the report that deemed the container irretrievable.

Through the application made in terms of PAIA, the DMRE was required to avail the documentation to our legal teams. They have failed to do so, citing that the documentation is currently with the NPA. However, the legislation is clear – they have a legal duty to make the documentation available to the applicant.

This documentation is essential because it serves as the basis for the decision to deem the container irretrievable. This decision is proving to be questionable, given that prospective bidders have committed to retrieve the container, and with it the remains of Yvonne Mnisi, Solomon Nyirenda and Pretty Nkambule.

Further to this, our engagements have revealed that the NPA is nowhere near prosecuting the mine management for the criminal charges recommended by the DMRE in their report in 2018.

A reply from the NPA indicates that the case has been referred back to the investigating officer for further investigation. I have learnt from my experience in the City that this typically means little progress has been made, and they are far from effecting justice in this matter.

While our legal teams will continue to engage the DMRE over the next 30 days, should they fail to meet this second deadline we will have no hesitation to proceed to court to obtain these documents.

It is clear to me that a deliberate strategy of obstructionism has been employed from day one in this matter to the detriment of the dignity and justice of the former miners and families of the victims of the Lily Mine tragedy.

It is clear that both the DMRE and the NPA is not taking this matter seriously, so I would like to issue the following warning to both of them: we will not hesitate to take this matter to every court in our legal system to achieve justice in this matter. That container will be retrieved and mine management will be prosecuted. The only question is in how many courts they would like to be publicly humiliated for their failure to adhere to their legal, public service and ethical obligations?

The former miners and families at Lily Mine are South Africans who are meant to enjoy the protections that come with being citizens of this country. It is clear that our government is hell-bent on denying them both dignity and justice.

I call on all South Africans to rally behind these brave South Africans, because an afront on the rights of these South Africans is an afront on the lives of all South Africans.

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