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Earlier today, ActionSA dispatched a letter to Advocate Shamila Batohi, National Director of Public Prosecutions (NDPP), reminding the National Prosecutions Authority (NPA) to act on the findings of the October 2023 Inquest on the deaths of mine workers, Solomon Emmanuel Nyirenda, Yvonne Mnisi, and Pretty Kambule, who tragically lost their lives following a 2016 mine accident that, facts showed, could have been avoided. 

In his findings, signed on 19 October 2023, Senior Magistrate A. Van Der Merwe of the Bombela Magistrate Court, Mpumalanga, stated that “for the administration of justice to be complete and to instil confidence, it is necessary that, amongst other things, there should be an official investigation in every case where a person has died of unnatural causes, and the result of such investigation should be made known. Therefore, the Inquests Act provides that, if there is reason to believe that a death has occurred, that such a death was not due to natural causes and that it was not followed by the institution of criminal proceedings, there shall be an inquest as to the circumstances of the death.”

He went on to state that “upon consideration of the evidence received during the course of the proceedings, “although no bodies have been recovered, the evidence proves beyond a reasonable doubt that the three deaths have occurred.” 

On whether the deaths were brought about by any act or omission prima facie involving or amounting to an offence on the part of any person: The deaths were brought about by the omission of the employer and/or mine owner and/or mine management to do a proper assessment as required by section 11 of the MHSA to determine the possible hazard the crown pillar might have posed to the structures and employee on top of the backfill and to assess the associated risks in connection therewith, thereby failing to put in place the necessary reasonable measures to mitigate the risk and/or to regulate and effectively monitor the risk in order to contain it.

In addition thereto, the failure of the South African Police Services and the Department of Mineral Resources and Energy, to assist the Lily Mine management in their efforts to combat illegal mining and/or to effectively and constructively address the problem of illegal mining, thereby failing their Constitutional duties.”

The Senior Magistrate was also clear that “in terms of the provisions of Section 17 of the Inquest Act the record of the proceedings will be forwarded to the Director of National Public Prosecutions to consider the possibility of instituting criminal proceedings.”

ActionSA asked three simple questions to the NDPP: 1) What has the NPA done with this court outcome? 2) Where is the NPA process and, 3) Where do we go from here?         

We ask these questions not for our own entertainment but on behalf of the bereaved families that lost three precious lives and continue to wait for justice in 2025, over 9 years after this accident. 

Issued by ActionSA President Herman Mashaba