The legal team of the former miners and families at Lily Mine have reported a major development that has moved the matter one step closer to conclusion.
The Business Rescue Practitioner is now in receipt of two bids, both of which have been deemed acceptable to the creditors. Both bids involve retrieving the container, opening the mine and re-employing the former miners.
Given that the Business Rescue process operates under a court order, ActionSA will commit that any failure to finalise this matter and publish the prescribed business rescue plan within the next 7 days, will result in a contempt of court application against the Business Rescue Practitioners.
ActionSA feels compelled to communicate this legal action, should it become necessary, because of a historic pattern of delays in the Business Rescue process employed by Mike McChesney, the CEO of the mining company under business rescue after it was found liable for the collapse of Lily Mine in 2016.
McChesney and mine management have had every reason to delay these proceedings given the NPA’s reluctance to prosecute in the absence of the bodies of Solomon Nyerende, Pretty Nkambula and Yvonne Mnisi.
With the 5th of February approaching, and with this bringing the 5-year anniversary of this tragedy, ActionSA is pleased by the positive developments. While pleased, we assure all involved that any further delays in providing justice and dignity to the families and former miners will be acted upon decisively.