SA’s Criminal Justice System Fails Lily Mine Families Once Again

On 19 August 2021, convicted serial criminal, parolee and suspect in the Lily Mine families’ protest settlement Kaizer Gwebu finally appeared before the Low’s Creek Periodical Court in Barberton after having absconded on 29 July 2021.

The confusion relating to the execution of justice and dealing with the suspect and his continuous disregard for the law is a disturbing reminder of the failure of our criminal justice system to protect and serve ordinary South Africans who demand justice.

It defies reason why Gwebu, a parolee suspected of yet another crime continues to be treated with kid gloves.

After failing to appear before court together with his 5 accomplices on 29 July 2021, the court was reported to have issued a warrant for his arrest as he had been in violation of his bail conditions. However, the suspect was allowed to roam free until being able to appear before court last Thursday.

What are we as South Africans to make on such blatant miscarriages of justice? Why in heaven’s name must the victims of crimes committed by serial criminals like Kaizer Gwebu continue to be perpetually be subjected to intimidation and feelings of vulnerability?

Once again, ActionSA will write to the Mpumalanga South African Police Services (SAPS) Commissioner demanding an investigation into this latest bungle by the SAPS. Whether through negligence or corruption.

Why does our criminal justice system seemingly lean toward protecting the perpetrator instead of society? Does the presumption of innocence always have to trump ensuring that vulnerable communities feel same from likes of Gwebu and co.? 

ActionSA holds the view that the restoration of law and order in our society remains a critical component toward rebuilding our nation. We must as a society declare war against criminality and continued victimisation of the law-abiding citizens of our country.

We must as a society continually be reminded that the Lily Mine tragedy is not limited to the affected families. It affects all of us. It is about demanding social justice in our society where each and every one of us as citizens of this nation is entitled to equal protection by the law.

In the end, ActionSA together with the Lily Mine families remain resolute that the container sitting just over 60m underground entombing Yvonne Mnisi, Pretty Nkambule and Solomon Nyirenda’s bodies will in fact be retrieved, and that those responsible for this tragedy will one day soon be brought to book.

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