ActionSA has, today, together with the families, held a picket in front of the National Prosecuting Authority (NPA) headquarters in Pretoria to express our deep concern that seven months after the Mbombela Magistrate’s Court found, in mid-October last year, that the NPA should consider criminal prosecution against individuals for the Lily Mine tragedy of February 2016, the NPA is yet to make a decision on possible prosecution.
ActionSA has repeatedly consulted the NPA on whether a decision on criminal prosecutions has been made, and after being promised in December that a decision would be made in January, the NPA has yet to make any decision about possible criminal prosecutions. Instead, the NPA gives excuse after excuse as to why a decision on possible prosecutions has not taken place while the families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi, who were engulfed in a sinkhole at the mine, more than 8 years ago, await closure and justice for the tragedy.
In the wake of my first visit to the Lily Mine in 2020 to meet with the victim’s family where they have camped outside the mine, for over 6 years to date, I pledged to bring justice to the families. ActionSA’s objective remains to see the mine shaft reopened to retrieve the container in which the three victims were entombed, to allow them to provide proper burial for their loved ones, securing compensation for the families of the affected miners, and ensuring that those who are liable for the tragedy are criminally prosecuted.
Since I became involved in the matter, we received power of attorney from the families to pursue, if necessary, civil and criminal litigation against the parties found liable. It is therefore imperative that the NPA makes a decision on whether to prosecute so as to allow ActionSA to consider its options, legal or otherwise.
I am unwilling to live in a society where tragedies such as Lily Mine occur, and we fail to support the victims and the families because of the myriad crises facing South Africa due to the ruling party’s failures. We cannot become numb to the pain and suffering of those around us and therefore need to give the victims and their families the justice they deserve.
ActionSA is furthermore disappointed that – after the Constitutional Court refused to grant Vantage Goldfield’s leave to appeal a ruling which determined that the adopted Business Rescue Plan and amendments to it should be submitted to creditors for a decision – the Business Rescue Practitioners have yet to implement the plan. ActionSA believes that the business plan should urgently be tabled to creditors for implementation as it would help to retrieve the miners’ bodies. The Business Rescue Practitioners are in contempt of three court orders.
It is important to remind South Africans and the world that Vantage Goldfield and the Department of Minerals and Energy had lied to them about the retrievability of this container after its collapse. It took ActionSA, at a massive legal cost, to expose these lies.
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 05 February 2016, and we need to ensure justice for the miners and their families.
Lily Mine: NPA Fails to Make Decision on Possible Criminal Prosecution Seven Months After Mbombela Inquest
ActionSA has, today, together with the families, held a picket in front of the National Prosecuting Authority (NPA) headquarters in Pretoria to express our deep concern that seven months after the Mbombela Magistrate’s Court found, in mid-October last year, that the NPA should consider criminal prosecution against individuals for the Lily Mine tragedy of February 2016, the NPA is yet to make a decision on possible prosecution.
ActionSA has repeatedly consulted the NPA on whether a decision on criminal prosecutions has been made, and after being promised in December that a decision would be made in January, the NPA has yet to make any decision about possible criminal prosecutions. Instead, the NPA gives excuse after excuse as to why a decision on possible prosecutions has not taken place while the families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi, who were engulfed in a sinkhole at the mine, more than 8 years ago, await closure and justice for the tragedy.
In the wake of my first visit to the Lily Mine in 2020 to meet with the victim’s family where they have camped outside the mine, for over 6 years to date, I pledged to bring justice to the families. ActionSA’s objective remains to see the mine shaft reopened to retrieve the container in which the three victims were entombed, to allow them to provide proper burial for their loved ones, securing compensation for the families of the affected miners, and ensuring that those who are liable for the tragedy are criminally prosecuted.
Since I became involved in the matter, we received power of attorney from the families to pursue, if necessary, civil and criminal litigation against the parties found liable. It is therefore imperative that the NPA makes a decision on whether to prosecute so as to allow ActionSA to consider its options, legal or otherwise.
I am unwilling to live in a society where tragedies such as Lily Mine occur, and we fail to support the victims and the families because of the myriad crises facing South Africa due to the ruling party’s failures. We cannot become numb to the pain and suffering of those around us and therefore need to give the victims and their families the justice they deserve.
ActionSA is furthermore disappointed that – after the Constitutional Court refused to grant Vantage Goldfield’s leave to appeal a ruling which determined that the adopted Business Rescue Plan and amendments to it should be submitted to creditors for a decision – the Business Rescue Practitioners have yet to implement the plan. ActionSA believes that the business plan should urgently be tabled to creditors for implementation as it would help to retrieve the miners’ bodies. The Business Rescue Practitioners are in contempt of three court orders.
It is important to remind South Africans and the world that Vantage Goldfield and the Department of Minerals and Energy had lied to them about the retrievability of this container after its collapse. It took ActionSA, at a massive legal cost, to expose these lies.
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 05 February 2016, and we need to ensure justice for the miners and their families.