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The Constitutional Court’s refusal on Tuesday morning to grant Vantage Goldfield's leave to appeal a ruling which determined that the adopted Business Rescue Plan and amendments thereto should be submitted to creditors so that they may vote on the Business Rescue Plan, which will ultimately result in the re-commencing of operations at the Lily Mine in Barberton, Mpumalanga, which means that the families of the miners stuck in the mine is one step closer to retrieving their bodies. 

Miners Pretty Nkambule, Solomon Nyirenda and Yvonne Mnisi tragically fell down a sinkhole at Lily Mine in February 2016 - seven years ago - and the families have since faced an uphill battle to retrieve them from underground with repeated delays by Vantage and numerous court cases. 

As a party which values social justice, ActionSA and our President Herman Mashaba have continually supported the families in their bid to retrieve the miners. ActionSA therefore welcomes to Constitutional Court’s refusal to grant leave of appeal as it will allow a Business Rescue Plan to be voted on by creditors and in turn implemented, which would see operations at the mine resume and a new decline access developed which would assist in the retrieval of the miners. 

ActionSA believes the Constitutional Court's refusal is a victory for the families and will finally help bring closure to the families of the three miners who have been repeatedly let down. 

Not only have the families been let down by repeated legal challenges, but their pleas for assistance from Mineral Resources Minister Gwede Mantashe and the national government have also fallen on deaf ears. 

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