As five illegal miners resurfaced on Thursday and a partly decomposed body brought out of an old mine in Stilfontein, North West, the South African Human Rights Commission (SAHRC) confirmed it had received a complaint over the ongoing Operation Vala Umgodi.
According to the Scalabrini Institute for Human Mobility in Africa, Operation Vala Umgodi, while effective in combating illegal mining, the treatment of migrants, often victims of abuse, has sparked controversy.
“Critics argue that instead of criminalising irregular migrant workers in informal mining, the state should help them in exiting their condition of vulnerability,” stated the organisation.
National police spokesperson Athlenda Mathe said circumstances leading to the death of the illegal miner were under investigation.
“A third illegal miner resurfaced just after 3.30pm this afternoon. Two others resurfaced at another abandoned shaft. The decomposition of the body of an illegal miner was brought up earlier.
Police have registered an inquest to investigate circumstances surrounding his death.
“We can confirm that (to date) a total of 1173 illegal miners have since resurfaced. As a caring government we have gone to great lengths to get the illegal miners to resurface on their own and in a safe manner. We tried to communicate with them by sending flyers down there,” said Mathe.
Some residents who have family members among the illegal miners made rescue attempts, using ropes, and were made to sign indemnity forms.
Thousands of illegal miners believed to be increasingly weak remain underground with no food or water as the operation led by police and the army has cut off the supplies.
Police have also refused to enter the shaft, citing safety concerns.
The government’s response to the situation has been met with criticism after Minister in the Presidency Khumbudzo Ntshavheni’s statements during a media briefing in Parliament.
“We are not sending help to criminals. We are going to smoke them out. They will come out. Criminals are not to be helped. Criminals are to be persecuted. We didn’t send them there, and they didn’t go down there for the good benefit or for the good intentions for the Republic. So, we can’t help them. Those who want to help them, they must go and take the food down there. They will come out, we will arrest them,” she said.
General Industries Workers Union of South Africa (GIWUSA) said the people stuck underground were artisanal miners and the union was dismayed and strongly condemned the government’s handling of the crisis.
“We are shocked and condemn the dehumanisation and criminalisation of these artisanal miners, particularly by the ANC ministers whose neo-liberal austerity, mismanagement of the country’s government and economy are responsible for the devastating levels of unemployment, grinding poverty, starvation and hunger that forces desperate, mainly former mineworkers, into these hazardous forms of survival, and illegality.
“The same ANC government has allowed the big mining corporations, which have monopolised private ownership and exploitation of the country's minerals for profiteering, to continue to abandon the mines they can no longer mine profitably, instead of properly closing them,” it said.
The Mining Forum of South Africa (MFSA) acknowledged the severe challenges posed by illegal mining, but believed the government’s stance to withhold assistance and isolate the individuals was a short-sighted approach that risked exacerbating the issues.
“The MFSA urges the government to adopt a comprehensive and humane approach to this issue. While the MFSA strongly condemns illegal mining, we believe that a humanitarian approach that includes supporting the immediate needs of the trapped miners, such as food and water, is essential. This does not imply condoning illegal activities but rather addressing the immediate crisis to prevent a humanitarian tragedy.”
The forum made several proposals, including the formalisation of small-scale mining operations through simplified licensing that can bring transparency to the sector, create formal employment opportunities, and generate tax revenue.
Ntshavheni’s office did not respond to questions about calls to retract her comments.
The SAHRC North West’s manager, Shirley Mlombo, said the office had received a complaint and they would be looking into it.
“The extent that there is concern that the operation may have an impact on the right to life, of course we are concerned about those allegations as a commission, but a determination on those allegations can only be made following a proper investigative process,” said Mlombo.
When questioned about Ntshavheni’s remarks, Department of Mineral Resources and Energy spokesperson Makhosonke Buthelezi said the government was unanimous in fighting illegal mining.
“The department is responsible for regulating and supporting authorised mining activities in the country and where accidents happen in authorised mining companies, the department is able to intervene.
We view illegal mining as a criminal activity that must be dealt with by law enforcement agencies accordingly,” said Buthelezi.
The EFF said while they understood the devastating consequences of illegal mining on local economies, the environment, and public safety, the operation must balance enforcement with respect for human rights and dignity.
“Denying access to basic necessities does not serve justice.
Instead, it risks lives and worsens the suffering of people already in vulnerable situations. This crisis did not emerge overnight, it is the result of years of government neglect and failure to properly address illegal mining and its root causes.”
The party said the government’s lack of oversight and enforcement in ensuring that mining companies adhere to environmental and safety regulations had directly contributed to the growth of illegal mining.
Cape Times