Johannesburg - February 5 will mark seven years since the disastrous tragedy of the collapse of Lily Mine which led to the lamp room container trapping mine workers Yvonne Mnisi, Pretty Nkambule and Solomon Nyirenda inside.
ActionSA president Herman Mashaba has called for an urgent creditor’s vote on the new Lily Mine business rescue proceedings.
Mashaba, who has been vocal about the tragedy and the need for justice for the victims, said this year's commemoration of the fateful day in 2016 will be marked by prayer and a site visit to the mine.
In a statement issued on Tuesday, Mashaba said ActionSA’s lawyers, representing the affected Lily Mine families, have written to its business rescue practitioners demanding an urgent creditors’ vote.
"Yesterday (Monday), ActionSA lawyers wrote to the business rescue practitioners (BRP) of Lily Mine, demanding that the proposal put forward by Arqomanzi, the only proposer, with an intention to take over the mine and retrieve the container holding the former miners' bodies, be urgently presented to the shareholders for consideration, Mashaba said.
ActionSA’s call comes after the Supreme Court of Appeal ruled in favour of the families of the victims after the party’s lawyers, on behalf of the families, made submissions on the delays in the business rescue proceedings which began in 2018.
Mashaba said the recent court victory was a significant step towards finally achieving justice for the victims and families who have been camping outside the mine's premises for years.
"The court victory in the Supreme Court of Appeal of 22 December 2022, is a major step forward to finally obtaining justice for the families. The proposal provided by Vantage Goldfields (the current owners of Lily Mine) made no provision for the reopening of the mine,“ he said.
“The re-establishment of the ground operations at the mine will assist in the retrieval of the bodies of Ms. Mnisi, Ms. Nkambule, and Mr. Nyirenda, through which a new decline access can be developed. It is therefore crucial that the mine be reopened.” Mashaba also accused Vantage Goldfields of using tricks and delay tactics to prevent the mine being taken over by a new owner.
He said this has led to further difficulties in the possible retrieval of the container as well as to a potential criminal case against the previous owners of the mine.
"Since the collapse, rescue operations commenced very quickly. Fortunately, the 76 workers who were underground were soon evacuated through another exit shaft. But the three who were trapped in the container remained underground. Attempts to retrieve them continued for days. Each passing day confirmed the worst. Family members, former colleagues and friends have camped outside the mine every day since the container sank, continuing to hope against hope," Mashaba added. He said the call for the business rescue practitioners to put Arqomanzi’s proposal to a vote by the creditors was an important move aimed at resolving the delays that have put the victims’ families at a disadvantage.
"ActionSA calls for the BRP to put Arqomanzi’s proposal to the vote by the creditors with the utmost urgency. There is nothing in the law that prevents a new business rescue plan from being voted on and adopted with immediate effect. In the interest of justice for Lily Mine families, the expedition of this process cannot be overstated," Mashaba said.
The Star