ActionSA writes to Lily Mine Business Rescue Practitioner to ensure that bodies of the victims are retrieved without delay
3 July 2023
ActionSA has always maintained that re-establishment of the mining operations through which a new decline access could be developed would assist in the retrieval of the bodies of Ms Mnisi, Ms Nkambule and Mr Nyirenda,
An entity called Arqomanzi is a creditor and is the only organisation to have proposed to retrieve the container as part of restarting the operations of the mine, by means of a Business Rescue Plan.
The statutory report of the business rescue practitioner explicitly states that the appeal matter in which Vantage Goldfields was the appellant, was the only matter preventing the conclusion of the business rescue proceedings.
On 27 June 2023, the Supreme Court of Appeal finally released the long-awaited judgment, where Vantage Goldfield’s appeal was dismissed with costs. The Court ruled Vantage’s appeal to be “factually incorrect,” and that allegations they made in law were an “absurdity.” This matter was an appeal from the High Court and the Supreme Court of Appeal was damning in its remarks when dismissing the appeal, stating that the appellants advanced no argument as to why the High Court was incorrect in granting its initial order.
The business rescue practitioner and Vantage Goldfields now have nowhere left to hide to delay this process any further.
With this matter out the way, the Business Rescue Plan can finally be voted on and the Mnisi, Nkambule and Nyirenda families will at long last be able to obtain the closure and peace for which they have waited for far too long. We, as ActionSA, continue to be at the side of the families through this relentless battle. We will never give up the cause of justice.
This Business Rescue Plan must be voted on by creditors with the utmost urgency, to ensure closure and dignity for the Lily Mine families. To this end, we have written to the business rescue practitioner to demand that the Business Rescue Plan be voted on within 25 days from date of judgment. Should they fail to do so, ActionSA will not hesitate to approach the relevant Court for an order to compel them to do so.
The general trend in this matter of costs orders being granted those who have caused unnecessary delays, render it apparent that a costs order for all legal costs is likely to be awarded against the business rescue practitioner should they go down the road of causing more trauma to the Lily Mine families.
The families of the Lily Mine families have been felt bereft and traumatised by the ongoing and unnecessary delays caused by Vantage Goldfields. As ActionSA, we have continuously stood with the families and we steadfastly refuse to countenance any further delays in this matter.
Issued by Herman Mashaba, ActionSA President, 3 July 2023
