Today, the families of the Lily Mine disaster will edge one step closer to seeing justice done for Yvonne Mnisi, Solomon Nyerende, and Pretty Nkambule, with the start of formal inquest proceedings into the mine collapse which led to their deaths and the negligence of the management of Vantage Goldfields Proprietary Limited.
The outcome of this inquest is critical to the prosecution of Mike McChesney and management at Lily Mine as recommended by the Department of Mineral Resources and Energy (DMRE) report into the tragedy. ActionSA’s legal team continues to engage the National Prosecuting Authority (NPA) on this matter and is willing to pursue private prosecution if necessary.
We also remain resolute in our commitment to equally see officials in DMRE face accountability for their obstruction and apparent protection of McChesney. It remains our position that the DMRE’s refusal to exercise its rights and initiate the retrieval of the bodies of Mnisi, Nyerende and Nkambule has been nothing short of criminal. Indeed, through the efforts of our legal team, it was established that there was no scientific basis for the DMRE to declare the container irretrievable. This showed how the South African public, as well as the former miners and families, had been lied to for years.
Ultimately, the Lily Mine families and former miners have been denied the dignity of burying their loved ones due to an avoidable tragedy brought about by the greed of mine management and their disregard for the lives of their workers. For years, the Lily Mine families have suffered the denial of human rights to their loved ones whose remains have been trapped underground since February 2016.
ActionSA is uncompromising about the fact that the container bearing the bodies of Yvonne Mnisi, Solomon Nyerende, and Pretty Nkambule must be retrieved, and their families given the chance to bury their remains.
Beyond this, ActionSA is committed to justice in this matter.
We also remain unequivocal in our belief that convicted murderer, Kaizer Gwebu must be held to account for crimes against the Lily Mine families and their supporters. Recently, Mr Gwebu once again appeared in court following his re-arrest for the contravention of his parole conditions. Gwebu is the chief architect of the arson attack against the settlement where the Lily Mine families have been staying while protesting to have the bodies of their deceased family members retrieved from the now-abandoned mine. Further, Gwebu has also been convicted of murder, armed robbery, and illegal possession of a firearm and ammunition, for which he was sentenced to 30 years imprisonment. It is clear that Gwebu’s attack on the Lily Mine families was a violation of his parole conditions, which remain in force till 2033. Despite this, the NPA in Mpumalanga has refused to oppose Gwebu’s bail. Indeed, it was only through the intervention of ActionSA’s legal team, writing to the Provincial Commissioner of the South African Police Services in Mpumalanga, that Gwebu was arrested for violating the terms of his parole. Up till then, Gwebu was out on bail following his alleged arson attack on the Lily Mine families. Equally, since his alleged arson attack, Gwebu, together with his accomplices, has relentlessly harassed both the Lily Mine families and their supporters – all of whom now fear for their wellbeing.
It is the contention of the Lily Mine families and their supporters that Gwebu poses a direct threat to their and the public’s safety. Given the above, the NPA’s decision not to oppose bail is deeply concerning. We have already instructed our legal teams to pursue every legal option available to ensure that injustice is swiftly addressed.
We will continue to support the former miners and families and Lily Mine because ActionSA values the lives and dignity of every South African and will not stand by while our citizens are abused and disregarded by their own government.
