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ActionSA wrote to National Assembly Speaker Thoko Didiza, as well as Deputy Speaker Dr Annelie Lotriet, to request that Parliament investigate and hold accountable those responsible for the Lily Mine Tragedy of 5 February 2016 where three miners Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda tragically passed away. We have furthermore informed the Public Protector as well as the South African Human Rights Commission that we have engaged the National Assembly Speaker to escalate the matter. 

It is an abuse of human rights that more than eight years after the Lily Mine Tragedy occurred, the families are not one step closer to closure as they have been repeatedly let down by the Department of Mineral Resources and Energy (DMRE), Minister Gwede Mantashe, the National Prosecuting Authority (NPA) and mine owners. 

Despite the Mbombela Magistrate’s Court already ruling in October last year that mine owners, DMRE and Minister Mantashe should be held criminally accountable for the tragedy as it could’ve been prevented, the NPA has taken no action to criminally charge anyone. Meanwhile, the Business Rescue Practitioners are in contravention of at least three court orders, while Minister Mantashe extended a mining licence to the very same company believed to be responsible for the tragedy. 

ActionSA has been resolute in our commitment to achieve justice for the families of the three Lily Mine victims, having spent thousands legally challenging state entities to prove that the mine can be reopened, and the bodies retrieved. We believe the national assembly has the relevant powers through legislation to investigate the tragedy through a portfolio committee and hold state entities accountable for their failure. 

Last year October, the families granted me power of attorney to escalate the matter on their behalf, including launching a private prosecution if the NPA decides not to prosecute the matter. ActionSA remains resolute that we believe the Business Rescue plan should urgently be tabled in order for mining operations to be restarted at the mine which will allow the container with the three victim’s bodies to be retrieved. 

ActionSA believes we cannot allow people to forget what happened at Lily Mine on 05 February 2016, and we therefore need to ensure justice for the miners and their families. It is simply unacceptable that tragedies such as the Lily Mine tragedy can occur without the South African government taking action to protect the victims and their families.

Issued by ActionSA President Herman Mashaba