The High Court in Pretoria dismissed an application by the Society for the Protection of Our Constitution seeking emergency disaster relief for illegal miners – referred to as zama zamas – underground in Stilfontein, North West.
SABC News reports that the court deemed the government’s response measured, proportional, and lawful, reinforcing the need to balance humanitarian concerns with upholding the Constitution and maintaining law and order.
Zama Zamas: A Crisis Beneath the Surface
The Society argued for food, water, medical aid and extraction efforts for the miners. However, Judge Brenda Neukircher ruled that the Society provided no expert evidence to demonstrate inadequacies in government-led rescue operations.
The police emphasised that the miners, mostly foreign nationals, are not trapped but remain underground voluntarily to avoid arrest. The ruling reaffirms Section 205 of the Constitution, which mandates the police to maintain public order and combat crime.
Human Rights in Conflict: The Constitutional Dilemma
The situation, however, raises profound ethical and constitutional questions. South Africa’s Bill of Rights guarantees the right to life (Section 11), human dignity (Section 10), and equality (Section 9). These rights apply universally, even to those contravening the law.
Yet, Sections 20 and 27 prioritise protecting South African citizens and ensuring healthcare resources for lawful residents. The court’s decision underscores this delicate balance: safeguarding lives without enabling illegal activities.
A Balancing Act: Law Enforcement and Humanitarian Aid
Reports of miners facing coercion by armed gangs underground further complicate the narrative. While their unlawful mining activities harm the environment and endanger lives, their vulnerability to exploitation calls for nuanced intervention. The conditions underground are worsening, with increasing flooding and rising concerns over dangerous methane gas levels.Â
National police spokesperson Brigadier Athlenda Mathe clarified that food and medical supplies have been permitted underground under strict conditions, ensuring basic humanitarian care while maintaining law enforcement efforts. Authorities remain on high alert, deploying advanced equipment to assess the mine, while grappling with the humanitarian and legal complexities of the situation.
South Africa’s response to the crisis must address systemic challenges, including poverty and unemployment, which drive individuals into dangerous illegal mining. A sustainable solution requires stricter border controls, legal employment alternatives, and collaboration with neighbouring countries to regulate undocumented migration.
The Road Forward: Sustainable Solutions to Illegal Mining
The judgment is a reminder of the Constitution’s supremacy: a framework balancing rights, responsibilities, and the rule of law. However, it challenges the nation to uphold human dignity while preventing exploitation of limited resources—a dilemma requiring both compassion and resolve.
Latest update as at 27 November 2024: The Stilfontein zama zama crisis continues, with 34 illegal miners resurfacing on 24 and 25 November, bringing the total to 1,259 since August. The majority are Mozambicans, with smaller numbers from Zimbabwe, Lesotho, Malawi, and only 10 South Africans.
DO YOU THINK THAT HUMANITARIAN AID SHOULD BE PROVIDED TO THE ILLEGAL MINERS?
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