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Despite the protracted, obscene and voluminous litigation undertaken by Vantage Goldfields - the same management that have been found guilty of negligence in a section 72 enquiry by the Department of Minerals and Resources in 2017 – ActionSA has obtained a victory in the ongoing quest for justice. 

ActionSA firmly believes 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 Yvonne  Mnisi, Ms Pretty Nkambule and Mr Solomon Nyirenda, 

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.

This Business Rescue Plan must be voted on by creditors with the utmost urgency, to ensure closure and dignity for the Lily Mine families.

ActionSA had written, through our lawyers, to the Judge President of the Supreme Court of Appeal (SCA) to ensure that the constant delays in this matter are finally brought to an end and that the matter currently pending in the SCA is heard as soon as possible.

In the consolidated appeal heard before the SCA bearing case numbers 1272/2021 and 1302/2021 respectively, the Court opined that the matter is one of urgency and that the parties thereto should cooperate to hear the matter as soon as possible. 

The latest circular of the business rescue practitioners claim that the ongoing nature of this particular matter is preventing the conclusion of the business rescue proceedings.

At long last, and as a result of ongoing ActionSA pressure, we have been informed that this matter has been set for hearing on 10 May in the Supreme Court of Appeal.

With this matter out the way, the Business Rescue Plan can finally be voted on and the Mnisi, Nkambule and Nyirenda 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 action/inaction of the South African government, in particular the Department of Minerals and Energy in this matter is of major concern when it involves the plight of the poor and the marginal in our society.    

Issued by ActionSA