ActionSA President, Herman Mashaba, and ActionSA Mpumalanga Provincial Chairperson, Thoko Mashiane, together with the families of Pretty Nkambule, Yvonne Mnisi and Solomon Nyirende will on Tuesday, 24 October 2023, announce the further steps to be taken after the Constitutional Court’s (ConCourt) dismissal of Vantage Goldfield’s leave to appeal, earlier this week. This decision by our nation’s apex court, effectively, upheld the Supreme Court of Appeal’s (SCA) earlier decision that the adopted Business Rescue Plan and amendments thereto must be submitted to creditors so that they may vote on the Business Rescue Plan.
The ConCourt’s decision will ultimately result in the re-commencing of operations at the Lily Mine in Barberton, Mpumalanga, which means that the families of the miners entombed in the mine shaft are one step closer to retrieving their bodies and getting closure once and for all.
Most recently, on Friday, 19 October 2023, the Mbombela Magistrate Court delivered a determination that the mine owners, South Africa Police Service (SAPS) & the Department of Minerals and Energy (DMRE) were liable for the deaths of the Lily Mine 3 and that they died immediately. This, we hope, brings some measure of solace to their families who have waited over 7 years.
The judgement stipulates that the following:
• The Lily Mine owners failed to do a proper risk assessment;
• The mine failed to identify the risk associated with the mine pit;
• The mine failed to take measures to protect the employees;
• The SAPS failed in their constitutional duty to protect the lives and safety of its citizens; and
• The DMRE failed to protect the rights of the victims as they knew about the illegal mining that was taking place underground.
As a party which values social justice, ActionSA has unceasingly supported the families in their bid to retrieve the miners. Not only have the families been let down by repeated and vexatious legal challenges, but their repeated pleas for assistance from the Minister of Mineral Resources and Energy, Gwede Mantashe, mine owners and the SAPS have also fallen on deaf ears.
The families have been camping outside the mine since 2019 which marks 1 635 days in poor and unsafe living conditions in a desperate plea to bring attention to their protracted cause to find closure and to retrieve the bodies of their loved ones. They have resorted to such means because of the gutlessly dilatory manner in which all responsible parties have been tending to their plight.
ActionSA has long maintained that Vantage Goldfields have applied Stalingrad tactics, through its lawyers and today they have no other tricks to play.
The families of the miners have been robbed of justice since the mine’s collapse, having been sent from pillar to post, until ActionSA, its leadership and the affected families answered the call to assist in seeing this matter to fruition some 7 years ago.
ActionSA remains resolute in its commitment to help retrieve the bodies of the three miners and will continue to assist the families in any way possible. We cannot allow people to forget what took place at Lily Mine and we need to achieve justice for the miners and their families.
To this end, President Mashaba & Mpumalanga Provincial Chairperson Mashiane will be accompanied by the families of Pretty Nkambule, Yvonne Mnisi and Solomon Nyirende, the Families’ Spokesperson and ActionSA member, Harry Mazibuko, ActionSA National Spokesperson, Lerato Ngobeni, ActionSA Mpumalanga Provincial Spokesperson, Simanga Shongwe, ActionSA Head of Legal and Finance, Alistair Shaw, and ActionSA National Communications Director, Samkelo Mgobozi.
ActionSA’s delegation will begin proceedings at Chief TS Dlhamini of Lomshiyo Tribal Authority at 09:00 at the Lomshiyo Royal House. The Chief will also accompany the ActionSA delegation to Lily Mine which will take place as follows:
Date: 24 October 2023, Tuesday
Time: 10:00
Place: Barberton Lily Mine
Address: Lily Mine (25 km North-East of Barberton, Mpumalanga)
#Justice4LilyMine: President Mashaba & Victims’ Families to Announce Way Forward After Two Victorious Court Judgements
ActionSA President, Herman Mashaba, and ActionSA Mpumalanga Provincial Chairperson, Thoko Mashiane, together with the families of Pretty Nkambule, Yvonne Mnisi and Solomon Nyirende will on Tuesday, 24 October 2023, announce the further steps to be taken after the Constitutional Court’s (ConCourt) dismissal of Vantage Goldfield’s leave to appeal, earlier this week. This decision by our nation’s apex court, effectively, upheld the Supreme Court of Appeal’s (SCA) earlier decision that the adopted Business Rescue Plan and amendments thereto must be submitted to creditors so that they may vote on the Business Rescue Plan.
The ConCourt’s decision will ultimately result in the re-commencing of operations at the Lily Mine in Barberton, Mpumalanga, which means that the families of the miners entombed in the mine shaft are one step closer to retrieving their bodies and getting closure once and for all.
Most recently, on Friday, 19 October 2023, the Mbombela Magistrate Court delivered a determination that the mine owners, South Africa Police Service (SAPS) & the Department of Minerals and Energy (DMRE) were liable for the deaths of the Lily Mine 3 and that they died immediately. This, we hope, brings some measure of solace to their families who have waited over 7 years.
The judgement stipulates that the following:
• The Lily Mine owners failed to do a proper risk assessment;
• The mine failed to identify the risk associated with the mine pit;
• The mine failed to take measures to protect the employees;
• The SAPS failed in their constitutional duty to protect the lives and safety of its citizens; and
• The DMRE failed to protect the rights of the victims as they knew about the illegal mining that was taking place underground.
As a party which values social justice, ActionSA has unceasingly supported the families in their bid to retrieve the miners. Not only have the families been let down by repeated and vexatious legal challenges, but their repeated pleas for assistance from the Minister of Mineral Resources and Energy, Gwede Mantashe, mine owners and the SAPS have also fallen on deaf ears.
The families have been camping outside the mine since 2019 which marks 1 635 days in poor and unsafe living conditions in a desperate plea to bring attention to their protracted cause to find closure and to retrieve the bodies of their loved ones. They have resorted to such means because of the gutlessly dilatory manner in which all responsible parties have been tending to their plight.
ActionSA has long maintained that Vantage Goldfields have applied Stalingrad tactics, through its lawyers and today they have no other tricks to play.
The families of the miners have been robbed of justice since the mine’s collapse, having been sent from pillar to post, until ActionSA, its leadership and the affected families answered the call to assist in seeing this matter to fruition some 7 years ago.
ActionSA remains resolute in its commitment to help retrieve the bodies of the three miners and will continue to assist the families in any way possible. We cannot allow people to forget what took place at Lily Mine and we need to achieve justice for the miners and their families.
To this end, President Mashaba & Mpumalanga Provincial Chairperson Mashiane will be accompanied by the families of Pretty Nkambule, Yvonne Mnisi and Solomon Nyirende, the Families’ Spokesperson and ActionSA member, Harry Mazibuko, ActionSA National Spokesperson, Lerato Ngobeni, ActionSA Mpumalanga Provincial Spokesperson, Simanga Shongwe, ActionSA Head of Legal and Finance, Alistair Shaw, and ActionSA National Communications Director, Samkelo Mgobozi.
ActionSA’s delegation will begin proceedings at Chief TS Dlhamini of Lomshiyo Tribal Authority at 09:00 at the Lomshiyo Royal House. The Chief will also accompany the ActionSA delegation to Lily Mine which will take place as follows:
Date: 24 October 2023, Tuesday
Time: 10:00
Place: Barberton Lily Mine
Address: Lily Mine (25 km North-East of Barberton, Mpumalanga)