The South African Human Rights Commission’s (SAHRC) inquiry into illegal mining has revealed divisions between government departments that had a role in illegal mining incidents at Stilfontein and affected communities.
The second leg of the inquiry into the policy framework around illegal mining concluded this week after three days of evidence from government departments and mining companies involved in and affected by illegal mining.
South African Police Service (SAPS) officials were first to give testimony on day one of the second leg, and they rejected allegations that they deliberately blocked food, water and medication to miners trapped underground in Stilfontein in 2022.
North West acting police commissioner Maj-Gen Patrick Asaneng told the inquiry they were unaware how many people were underground.
“The police did not intend to starve anyone. It was never the objective of our operation,” Asaneng said.
National police commissioner Gen Fannie Masemola said claims that food and water were withheld as a strategy were not true.
“The intention was to enforce the law. There was never an instruction to deny people basic necessities.”
The department of social development (DSD) also denied blocking aid and supplies of food and water.
Minister Sisisi Tolashe told the commission their role depended on safety clearances from the police and mine management.
“We could not enter the site or send assistance without authorisation from the police. We wait for them to call us, especially when children are involved.
“Our department was ready to assist, but access was not under our control,” Tolashe said.
The department of mineral resources and energy (DMRE), which reports to minister Gwede Mantashe, said illegal mining is a criminal activity and enforcement lies mainly with police.
Mantashe has previously warned that illegal mining threatens lives, infrastructure and the economy, and has repeatedly highlighted the dangers posed by abandoned and derelict mines.
He has acknowledged mine rehabilitation has been delayed due to funding shortages and legal complications.
Mining companies appearing before the inquiry raised their concerns about how illegal mining is a growing pandemic.
Buffelsfontein Gold Mine manager Riaan van den Berg told the commission the miners were operating illegally on the property.
Van den Berg stressed he sent letters to the DMRE to request funding for rehabilitation with no success.
“Had that funding been released when it was requested, the tragedy could have been avoided,” he said.
Testimonies provided during the second leg of the inquiry add to information shared in the first leg.
During the first leg, families of the miners, community leaders and civil society groups told the commission about conditions underground, including surviving hours without food or water and delays in rescue efforts.
The first leg of the inquiry also exposed failures to rehabilitate abandoned mines and properly regulate mining areas.
Van den Berg said open shafts were neglected and it created deadly conditions and made illegal mining easily accessible.
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