SAHRC’s investigation around operation “Vala Umgodi” at a disused mine shaft in Stilfontein, North West Province
Friday, 15 November 2024
The South African Human Rights Commission (SAHRC/ Commission) has noted reports regarding the ongoing operation “Vala Umgodi” at a disused mine shaft in Stilfontein, North West Province.
According to the reports, it is alleged that, until Tuesday, 12 November 2024, the South African Police Services (SAPS) had restricted essential supplies—such as food, water, and medication—to the shaft for nearly three months. This restriction was reportedly intended to pressure miners allegedly operating illegally in the shaft to resurface.
Additionally, it was alleged that these actions have, or could, result in the loss of lives, infringing upon the miners’ right to life as enshrined in section 11 of the Constitution. The Commission has also received a formal complaint from a community leader in Stilfontein, echoing some of the reported claims. The complainant claims that the state has failed, refused, or neglected to undertake any measures to rescue the miners still underground, thereby failing to take reasonable actions to prevent further potential loss of life.
The Commission has commenced an investigation into the matter. As part of this process, the Commission has written to SAPS, seeking clarification on its current operations and the strategy SAPS intends to employ to de-escalate the situation and safeguard the lives of the miners still underground. Additionally, on 14 and 15 November 2024, the Commission conducted site visits, during which 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.
In light of these circumstances, the Commission emphasises, and reminds all parties, that responsible and responsive leadership is critical during this period. While the Commission condemns criminality and supports lawful operations addressing such conduct, it emphasises that any approach must adhere to human rights principles and constitutional imperatives, including the preservation of life, human dignity, the avoidance of inhumane treatment, and the principle of being innocent until proven guilty.
As part of its investigation, the Commission will continue engaging with SAPS and other stakeholders involved in the “Vala Mgodi” operation in Stilfontein, 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 and the Stilfontein community, if any.
Recognising the public’s interest in this matter, the Commission will provide further updates on its investigation and intervention in due course. Regrettably, media interviews will not be granted at this stage to safeguard the integrity of the Commission’s investigative process.
Statement issued by Wisani Baloyi, SAHRC Communications Coordinator, 15 November 2024
