Lily Mine: NPA Delays Decision On Prosecution To New Year

ActionSA is extremely disappointed that the National Prosecuting Authority (NPA) in Mpumalanga has delayed a decision as to whether to criminally prosecute those guilty of the Lily Mine tragedy of February 2016 to the new year, while the business rescue practitioner has failed to respond to ActionSA’s request for an update on the implementation of the business rescue plan.

In written correspondence to ActionSA, the Deputy Director of Public Prosecutions in Mpumalanga, Mlungisi Magwanyana, said the panel of advocates – who have been tasked to study the Mbombela Magistrate’s Court inquest into the tragedy – will only return to office in the new year, and will likely only make a determination then.

This while judgment in the matter was already delivered in mid-October while the families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi – who were engulfed by a sinkhole at Lily Mine in February 2016 – still await justice and closure for the matter which took place 2 863 days ago. It once again highlights the lack of urgency to bring finality to this matter.

When I visited Lily Mine at the end of October, I received Power of Attorney from the families of Nyirenda, Nkambule and Mnisi to pursue civil and criminal litigation against the parties found liable.  If the NPA decides not to institute charges, ActionSA will approach the NPA to get Nolle Prosequi to possibly launch our own private prosecution as part of our commitment to achieve accountability for those found liable.

ActionSA is resolute in helping the affected families, which is why we have repeatedly reached out to the NPA and Business Rescue Practitioner for progress updates on criminal prosecutions, and the implementation of the business rescue plan which would reopen the mine shaft to retrieve the bodies.

The Constitutional Court has already refused to grant Vantage Goldfield’s leave to appeal a ruling which determined that the adopted Business Rescue Plan and amendments thereto should be submitted to creditors for a decision. ActionSA believes that the business plan should therefore urgently be tabled to creditors for implementation.

ActionSA remains resolute in our 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 happened at Lily Mine on 5 February 2016, and we need to ensure justice for the miners and their families.

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