5 February will mark 7 years since the disastrous tragedy of the collapse of Lily Mine that led to the lamp room container trapping Yvonne Mnisi, Pretty Nkambule and Solomon Nyirenda inside. This year, the commemoration of that fateful day in 2016 will be marked by prayer and a site visit to the mine.
Yesterday, ActionSA’s lawyers representing the affected Lily Mine families wrote to the Business Rescue Practitioners (BRP) of Lily Mine demanding that the proposal put forward by Arqomanzi, the only proposer that with an intention to take over the mine and retrieve the container holding the former miners’ bodies urgently be presented to the shareholders for consideration.
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 (current owners of Lily Mine) made no provision for the re-opening of the mine. 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 re-opened.
It is important to note that Vantage Goldfields has used every legal trickery to prevent the mine from being taken over by a new owner, something that would not only lead to the possible retrieval of the container but also 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 camped outside the mine every day since the container sank, continuing to hope against hope.
After a month of anguished suspense, on 3 March 2016, all attempts to retrieve the container were called off, allegedly due to the unstable condition of the ground at the time. Consequently, no further efforts have been made to retrieve the container with the 3 miners inside.
When a loved one dies, human beings find closure by laying the body of the deceased to rest in a manner that conforms to the cultural rituals of those left behind.
The families have been left bereft and without finality since February 2016. The families have been camping outside the mine since 2019 in poor and unsafe living conditions in a desperate plea to bring attention to their cause both to find closure and to retrieve their bodies of their loved ones. To add salt to injury, in their quest for justice, the Lily Mine families have had to endure constant intimidation, unwarranted attacks including the torching of the protest settlement they erected at the foot of the mine, whose perpetrators have been left to go scot-free without consequence.
ActionSA calls for the BRP to put Arqomanzi’s proposal to the vote by the creditors with the utmost urgency.
There is nothing in 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.
ActionSA Demands Urgent Creditors’ Vote on New Lily Mine Business Rescue Proceedings
5 February will mark 7 years since the disastrous tragedy of the collapse of Lily Mine that led to the lamp room container trapping Yvonne Mnisi, Pretty Nkambule and Solomon Nyirenda inside. This year, the commemoration of that fateful day in 2016 will be marked by prayer and a site visit to the mine.
Yesterday, ActionSA’s lawyers representing the affected Lily Mine families wrote to the Business Rescue Practitioners (BRP) of Lily Mine demanding that the proposal put forward by Arqomanzi, the only proposer that with an intention to take over the mine and retrieve the container holding the former miners’ bodies urgently be presented to the shareholders for consideration.
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 (current owners of Lily Mine) made no provision for the re-opening of the mine. 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 re-opened.
It is important to note that Vantage Goldfields has used every legal trickery to prevent the mine from being taken over by a new owner, something that would not only lead to the possible retrieval of the container but also 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 camped outside the mine every day since the container sank, continuing to hope against hope.
After a month of anguished suspense, on 3 March 2016, all attempts to retrieve the container were called off, allegedly due to the unstable condition of the ground at the time. Consequently, no further efforts have been made to retrieve the container with the 3 miners inside.
When a loved one dies, human beings find closure by laying the body of the deceased to rest in a manner that conforms to the cultural rituals of those left behind.
The families have been left bereft and without finality since February 2016. The families have been camping outside the mine since 2019 in poor and unsafe living conditions in a desperate plea to bring attention to their cause both to find closure and to retrieve their bodies of their loved ones. To add salt to injury, in their quest for justice, the Lily Mine families have had to endure constant intimidation, unwarranted attacks including the torching of the protest settlement they erected at the foot of the mine, whose perpetrators have been left to go scot-free without consequence.
ActionSA calls for the BRP to put Arqomanzi’s proposal to the vote by the creditors with the utmost urgency.
There is nothing in 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.