The Society for the Protection of our Constitution has approached the court, seeking a mandatory interdict on the government to provide emergency disaster relief to the miners underground by providing food, water, medical aid, and blankets.
However, since the police’s Operation Vala Umgondi started, more than 1,187 miners have resurfaced but some have refused because they fear arrest, said Mosikili.
She said those who decided not to come out elected not to do so, and not because of any conduct from the police.
“The police have taken all steps necessary to preserve life, human dignity and avoid inhumane treatment of these illegal miners by permitting limited supply of water and food.”
Mosikili said the application should be dismissed with costs as the miners can safely exit at Margaret shaft.
“The intention of this operation is not to block illegal miners from resurfacing but it is to combat crime and to effect the necessary arrests.
“The harm that may befall emergency personnel who are not trained or equipped to enter through a dilapidated mine shaft when there is a safer one far exceeds the harm that may be suffered by the illegal miners.”
However, the lawyer representing the organisation, Yasmin Omar, said it was not easy for the miners to walk out when they have been denied food and water.
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