Lily mine: NPA fails to decide on possible prosecution despite promising to do so 50 days ago
26 January 2024
ActionSA is extremely disappointed that the National Prosecuting Authority (NPA) in Mpumalanga has failed to decide whether it will criminally prosecute those guilty of the Lily Mine tragedy of February 2016, despite promising to so this month in written correspondence 50 days ago. At the same time, the business rescue practitioner has failed to respond to ActionSA’s request for an update on the implementation of the business rescue plan.
In written correspondence to ActionSA, the Deputy Director of Public Prosecutions in Mpumalanga, Mlungisi Magwanyana, at the beginning of December said a panel of advocates – who have been tasked to study the Mbombela Magistrate’s Court inquest into the tragedy – will only return to office in the new year and will only make a determination whether to prosecute then. However, when asked this week, the NPA said no decision has yet been made whether to prosecute.
This while judgment in the matter was already delivered in mid-October last year as the families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi – who were engulfed by a sinkhole at Lily Mine in February 2016 – still await justice and closure for the matter which took place 8 years ago. It once again highlights the lack of urgency to bring finality to this matter.
I will personally be visiting Lily Mine together with the affected families on 05 February 2024 where I will be leading the eighth-year national commemorations of this horrific incident. It continues to break my heart that after so many years, the families and the community have still not received justice despite court judgements which confirmed that individuals should be criminally prosecuted, including our government - in particular the Department of Minerals and Energy – which was found reluctant to intervene.
When I visited Lily Mine at the end of October, I received Power of Attorney from the families of Nyirenda, Nkambule and Mnisi to pursue civil and criminal litigation against the parties found liable. If the NPA decides not to institute charges, ActionSA will approach the NPA to get Nolle Prosequi to possibly launch our own private prosecution as part of our commitment to achieve accountability for those found liable.
ActionSA is resolute in helping the affected families, which is why we have repeatedly reached out to the NPA and Business Rescue Practitioner for progress updates on criminal prosecutions, and the implementation of the business rescue plan which would reopen the mine shaft to retrieve the bodies.
The Constitutional Court has already refused 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 for a decision. ActionSA believes that the business plan should therefore urgently be tabled to creditors for implementation.
ActionSA remains resolute in our commitment to help retrieve the bodies of the three miners and will continue to assist the families in any way possible. We cannot allow people to forget what happened at Lily Mine on 5 February 2016, and we need to ensure justice for the miners and their families.
Issued by Herman Mashaba, ActionSA President, 26 January 2024
