Date: 15/11/2024
Lawyers for Human Rights (LHR) strongly condemns the government’s inadequate and irresponsible response to the Stilfontein Mine tragedy. The intentional blocking of underground tunnels has left approximately 4,000 artisanal miners trapped underground. This incident highlights not only a catastrophic failure to protect artisanal miners and surrounding communities but also highlights a broader neglect in addressing the environmental and social risks, including declining socioeconomic conditions, inherent in South Africa’s mining sector.
Despite clear evidence of significant harm—manifesting in a lack of oxygen, water, and food—the government’s response has been profoundly inadequate, falling short of its constitutional duty to safeguard the rights to life, dignity, and a healthy environment. The government’s disregard for the lives of marginalised, impoverished, and predominantly black communities is unconscionable and exacerbates existing systemic inequalities.
Local communities, already grappling with poverty and economic stagnation, now face further devastation due to regulatory failures and the government’s unwillingness to address this humanitarian crisis. The government’s failure to effectively monitor, regulate, and hold mining corporations accountable has allowed exploitative practices to persist at the expense of human lives. Furthermore, a failure to regulate artisanal and small scale mining sector through legislation has been a significant contributing factor to this disaster. For years, organisations such as The National Association of Artisanal Miners (NAAM) have called on the government to regulate artisanal mining to balance the economic and social benefits it provides with the need to protect human rights, worker safety, and the environmental sustainability. Effective regulation could transform artisanal mining and small scale mining from an informal and often exploitative activity into a legitimate, sustainable and equitable source livelihood for thousands of people.
We call on the government to:
The Stilfontein Mine disaster is a stark reminder of the urgent need for systemic reform in the mining sector. The government must demonstrate responsible leadership and prioritise the well-being of those trapped underground and the communities at the forefront of its agenda. Failure to act decisively not only betrays the foundational values of our Constitution but risks irreparable harm to communities already devastated by unemployment and economic disparity.
Lawyers for Human Rights will continue to stand with the artisanal miners and affected communities. We will continue to hold all government stakeholders accountable and advocate for justice to ensure that tragedies such as this are not repeated.
For queries:
Mametlwe Sebei
LHR Environmental Rights Programme
Email: Sebei@lhr.org.za
