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ActionSA has always maintained that re-establishment of the mining operations through which a new decline access could be developed would assist in the retrieval of the bodies of Ms Mnisi, Ms Nkambule and Mr Nyirende, 

This judgement has real human consequences for the families who have been waiting more than 7 years to put their loved ones to rest and we are pleased that we are one step closer to making it a reality with the advent of this judgement.

There is a Business Rescue Plan available to be voted on – where Arqomanzi is the only entity to have proposed to retrieve the container as part of restarting the operations of the mine.

The latest circular of the business rescue practitioners claims that the ongoing nature of this particular matter was preventing the conclusion of the business rescue proceedings. Today, the release of this judgment by the Supreme Court of Appeal (SCA), where Vantage Goldfield’s appeal was dismissed with costs, is a great step forward for the Lily Mine families.

The Court ruled Vantage’s appeal to be “factually incorrect”, and that allegations they made in law were an “absurdity”. This matter was an appeal from the High Court and the Supreme Court of Appeal was damning in its remarks when dismissing the appeal, stating that the appellants advanced no argument as to why the High Court was incorrect in granting its initial order. 

The business rescue practitioners and Vantage Goldfields now have nowhere left to hide to delay this process any further. 

With this matter out the way, the Business Rescue Plan can finally be voted on and the Mnisi, Nkambule and Nyirende families will at long last be able to obtain the closure and peace for which they have waited for far too long.  We, as ActionSA, continue to be at the side of the families through this relentless battle. We will never give up the cause of justice. 

The families have been left bereft by an uncaring government. Minister Gwede Mantashe is blatantly out of touch with the South Africans he claims to represent and serve. During this past week, Minister Mantashe visited the Free State where illegal miners from Lesotho had died.

It is noteworthy and extremely concerning that the Minister takes an interest in the retrieval of the bodies of illegal miners specifically but has not once taken any interest in the Lily Mine case, where 3 South Africans were murdered by the illegal mining practice of the owners of Lily Mine.

ActionSA has written to the Minister and even resorted to marching to his offices to get his attention on the Lily Mine matter, but sadly, to no avail.

ActionSA Mpumalanga Provincial Chairperson, Thoko Mashiane, and I will personally visit the families at the Mine on Saturday morning, where they have been camping for several years in a desperate plea for closure on this matter. We will be praying alongside the families, as we stand shoulder to shoulder with them as we always have.

Issued by ActionSA President Herman Mashaba