/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

ActionSA condemns the decision of the Barberton Magistrate’s Court to dismiss the Lily Mine arson case allegedly due to the first witness having changed his statement. This, despite statements of other witnesses that include the victims of the arson who are families of the Lily Mine three, Pretty Nkambule, Solomon Nyirenda and Yvonne Mnisi. 

We are yet to establish written official reasoning for the Court’s decision to dismiss the case.

On 7 April 2021, the protest settlement where the families have been camping for 3 years was set alight destroying all of their personal belongings, food, and mementos accumulated over many months since the tragedy. The families’ right to protest and to ensure that their plight continues to be a going concern in the country’s socio-political discourse was violated when a group of about 50 men tried to intimidate them into giving up their mission. Despite the assailants being known by the community, the South African Police Service (SAPS) at Low’s Creek in Barberton dragged their feet in arresting the suspects adding salt to the affected families’ injuries. 

On Thursday, 29 July 2021 the Lily Mine arson accused appeared at the Low’s Creek Periodical Court in Barberton, Mpumalanga. However, of the 6, accused number 1, Kaizer Gwebu, a convicted murderer and serial criminal failed to appear. The result of which was that his actions would be viewed to be in contempt of his bail conditions (in relation to the arson case) and set his imminent arrest in motion. Instead, the case docket was allegedly said to have gone missing, only to mysteriously reappear when its disappearance was reported to the media. 

Accused number 1, convicted murderer and serial criminal Kaizer Gwebu and his 5 accomplices have now effectively gotten away with their criminality.

Today marks 1328 days since the bereaved Lily Mine families set up a protest camp outside the mine demanding justice. What these families are asking for is simply to have the remains of their family members retrieved from the container that fell just over 60m underground on that fateful morning on 5 February 2016.

All this time the Nkambule, Nyirenda and Mnisi families of those who died at Lily Mine have been subjected to ridicule and attacks that have included intimidation and even arson at the hands of hired guns and known criminals. 

Presently, there is yet to be a clearly communicated plan – with set time frames – for retrieving the container and completing business rescue proceedings for the mine so that the jobs of the former miners may be restored. 

The South African government has not intervened on behalf of the bereaved families, including misleading the South African public and families that the container could not be retrieved. It took ActionSA to expose this misrepresentation, at massive legal costs. The tragedy has also exposed the lack of compassion and hypocrisy of organised labour. Neither the National Union of Mineworkers (NUM) nor the Association of Mineworkers and Construction Union (AMCU) has led a campaign against the mine owners for their negligence, or for the legal gamesmanship that has been unfolding since 2016.

As a Party whose core values includes the Rule of Law, ActionSA Senate, our Party’s highest decision-making body resolved to pursue this matter and consider our options to have the judgment of the Court appealed or reinstated. Our legal team has been briefed to study the court’s decision to dismiss the case and accordingly advise us of the appropriate remedy to seek justice for the families.  We have spent millions of Rand in legal costs to fight for justice for the Lily Mine families and we will not rest until the lamp room container that has entombed the three miners is retrieved. 

Issued by ActionSA President Herman Mashaba