Illegal miners trapped underground at the Buffelsfontein mine in Stilfontein, North West, have shared harrowing details of their experiences, painting a grim picture of extreme deprivation under police operations aimed at curbing illegal mining. Three rescued miners recently informed the Constitutional Court about conditions so dire they allegedly resorted to consuming human flesh to survive.
The testimonies emerge amid claims by the NGO Mining Affected Communities United in Action (Macua), which seeks to hold various government actors accountable for what it describes as inadequate humanitarian aid. Meanwhile, government officials argue the mining company should assume responsibility for the rescue efforts.
The plight of the miners escalated with the onset of Operation Vala Umgodi, launched by the South African Police Service (SAPS), which cut off food supplies to those trapped underground. "Since the operation began, the police have limited the flow of food and other necessities due to heightened security around the mining shafts," said Sabelo Mnguni, Macua's national administrator.
Reports indicate at least 34 miners have been rescued through community-led efforts, but tragedy has struck, with nine bodies retrieved from the abandoned mine shafts. One of the rescued miners, Clement Moeletsi, testified about the suffocative environment inside the mine, devoid of natural light and food. He entered the mine on July 24, 2024, seeking to provide for his family amid financial hardship.
"The situation grew increasingly desperate when food supplies were cut off," Moeletsi recounted. "We faced starvation and resorted to drinking contaminated underground water. Over time, we began to eat cockroaches and, as conditions worsened, some miners tragically turned to cannibalism." Moeletsi highlighted the mental and physical toll inflicted by starvation: "It was not illness but long, cruel starvation. I watched people fade before my eyes; their dignity stripped away by hunger. Many succumbed quietly and helplessly to their fate."
The legal challenge before the Constitutional Court has been prompted by Macua's urgent requests for state bodies to provide humanitarian aid and facilitate the rescue of trapped miners. The court proceedings have drawn attention to the legal obligations of various government departments to protect the lives of the miners underground.
The evidence presented includes affidavits from miners who detailed their experiences. Miner Setsoto Mashiane, who was rescued on December 25, claimed some individuals had resorted to cannibalism to stay alive. He emphasized the high stakes at play: “I confirm prior to my rescue; some miners had resorted to consuming human flesh from deceased miners.”
Mnquni stated, “The right to access food and life is fundamental. If the court does not intervene now, the death toll will rise.” Their application has been marked as urgent, requesting immediate action to provide supplies and access for legal representation to those still trapped underground.
The horrendous conditions were corroborated by another miner, Tshotleho Ntsokolo, who echoed the same sentiments: “The air was thick and heavy, and after the supplies ended, we became desperate. Our bodies wasted away. I witnessed the slow, painful deaths of fellow miners.”
On the other hand, the government affirms the responsibility lies with Buffelsfontein Gold Mine, which has come under scrutiny for subjecting trespassers to such harsh realities. According to the State Attorneys, they argue the mining company’s neglect may extend legally to both legal and illegal miners within its domain, indicating they have the responsibility to assist rescue operations.
The recent proceedings are significant, as they represent the first time the Constitutional Court is being directly challenged on issues surrounding these miners’ rights. It raises questions about constitutional obligations and the responsibilities of both state and corporate entities to protect vulnerable communities. Kantoro Isaac Chowe, representing the government, asserts the miners had disregarded safety protocols leading to their perilous circumstances. He emphasized, “The applicant is attempting to cloak its deficiencies with emotional appeals, yet the law requires procedural correctness.”
Notably, Moeletsi’s own ordeal included being denied legal representation during police detention after his rescue and subsequent arrest. “When I was detained, my lawyers couldn’t gain access to me, raising more concerns on the legality of the operation,” he stated. The stark narratives of Moeletsi, Mashiane, and Ntsokolo serve as sobering reminders of the tragedies faced by those involved in illegal mining, who often risk their lives amid desperation and economic necessity.
The fate of the surviving miners remains uncertain as they await court deliberations, with Macua striving to obtain urgent governmental and humanitarian support for these individuals entangled in legal, social, and ethical dilemmas surrounding illegal mining practices. The broader implication raises fundamental questions about the societal responsibilities to uphold individual rights and standards of humanity, even amid legal ambiguities.