“We have warned on several occasions that decisive action needs to be taken now,” said Macua, which is led by social justice group Lawyers for Human Rights.
But government insists illegal miners still occupying the mine are doing so voluntarily. “The notion that miners remain trapped solely due to police action is misleading,” said the joint operations team set up to handle the crisis (NatJoints).
“SAPS has implemented measures to secure the area and prevent further illegal activities, but designated exit points have been established to allow miners to surface safely and face due legal processes. The miners possess the means to exit independently as demonstrated by those who have surfaced.
“Government's stance is to uphold the rule of law. Thus, while immediate aid is not provided to facilitate illegal activities, measures are in place to ensure the safety and humane treatment of individuals who choose to come above ground,” NatJoints said on Sunday.
However, Macua maintains police have “misinterpreted their mandate” and the miners are effectively being “sentenced to death”.
“This deliberate misinterpretation by SAPS speaks to a state of lawlessness (or deliberate undermining of the law by the people who should uphold the law) in which trapped miners have been found guilty and sentenced to death by police, without any recourse to the constitutional principles which should underpin their actions,” the group said.
“Macua remains determined to ensure the right to life of the trapped miners is upheld and responsible parties be held accountable for their actions that have contributed to the gross violation of the human rights of the trapped miners.”
TimesLIVE
Stilfontein illegal miners resorting to cannibalism to survive: Macua
Image: Reuters/Ihsaan Haffejee
Illegal miners at the Buffelsfontein mine in Stilfontein, North West, are resorting to cannibalism, forced to feed on the corpses of their deceased colleagues to survive, according to a submission to the Constitutional Court by human rights group Mining Affected Communities United in Action (Macua).
The submission details the conditions of allegedly hundreds of illegal miners still in the abandoned gold mine amid a police operation to remove them which began in August.
“The latest reports from those trapped underground indicate the situation has deteriorated further to the point that the some of the trapped miners have resorted to sustaining themselves with the flesh of those who have torturously tried to climb to [the] surface and eventually fell to their death, or who have succumbed to starvation,” the submission said. “Reports indicate more bodies remain underground.”
The ConCourt submission is part of Macua's appeal against a recent ruling by the Pretoria high court which dismissed the group’s earlier bid to force government to rescue and provide relief to the remaining miners.
Some miners have died and many more have exited the mine, where some tunnels were blocked and others continue to provide a link to surface supplies. The mine is up to 2km deep.
Macua said the state’s refusal to rescue the miners contravenes its legal mandate. It said “hundreds” remain trapped and face “imminent death and starvation”.
Police say the resurfacing of illegal miners in Stilfontein shows they are not trapped, but evading arrest
“We have warned on several occasions that decisive action needs to be taken now,” said Macua, which is led by social justice group Lawyers for Human Rights.
But government insists illegal miners still occupying the mine are doing so voluntarily. “The notion that miners remain trapped solely due to police action is misleading,” said the joint operations team set up to handle the crisis (NatJoints).
“SAPS has implemented measures to secure the area and prevent further illegal activities, but designated exit points have been established to allow miners to surface safely and face due legal processes. The miners possess the means to exit independently as demonstrated by those who have surfaced.
“Government's stance is to uphold the rule of law. Thus, while immediate aid is not provided to facilitate illegal activities, measures are in place to ensure the safety and humane treatment of individuals who choose to come above ground,” NatJoints said on Sunday.
However, Macua maintains police have “misinterpreted their mandate” and the miners are effectively being “sentenced to death”.
“This deliberate misinterpretation by SAPS speaks to a state of lawlessness (or deliberate undermining of the law by the people who should uphold the law) in which trapped miners have been found guilty and sentenced to death by police, without any recourse to the constitutional principles which should underpin their actions,” the group said.
“Macua remains determined to ensure the right to life of the trapped miners is upheld and responsible parties be held accountable for their actions that have contributed to the gross violation of the human rights of the trapped miners.”
TimesLIVE
READ MORE:
60 more suspected illegal miners resurface in Stilfontein
Macua wants Mchunu held in contempt as zama zamas ask for ‘body bags’
21 more ‘illegal’ miners resurface at Stilfontein shafts
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