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The family of Solomon Nyirende, Pretty Nkambule and Yvonne Mnisi are pleased with the judgement of the Mbombela Magistrate Court.
After 7 years, ActionSA and the families are vindicated by the Mbombela Magistrate Court because today we know how they died, why they died and we understand who was responsible for their deaths.
The court found that Pretty, Solomon and Yvonne died immediately and there was no long period of suffering.
The judgement stipulates the following:
- The Lily mine owners failed to do a proper risk assessment;
- The mine failed to identify the risk associated with the mine pit;
- The mine failed to take measures to protect the employees;
- The South African police failed in their constitutional duty to protect the lives and safety of its citizens; and
- The department of mineral and energy failed to protect the rights of the victims as they knew about the illegal mining that was taking place underground.
The ActionSA lawyers are studying the judgement and will brief the media in due course of our legal steps to ensure that this wilful negligence is brought to book.
ActionSA remains resolute in our commitment to help retrieve the bodies of the three miners and will continue to assist the families in any way possible. We cannot allow people to forget what took place at Lily Mine, and we need to ensure justice for the miners and their families.
Issued by ActionSA Mpumalanga Provincial Chairperson, Thoko Mashiane
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