https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Statements RSS ← Back
Business|Energy|Mining|Power|Resources|Service|Operations
Business|Energy|Mining|Power|Resources|Service|Operations
business|energy|mining|power|resources|service|operations
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Lily Mine: Families Grant ActionSA Power of Attorney to Pursue Criminal & Civil Litigation

Close

Embed Video

Lily Mine: Families Grant ActionSA Power of Attorney to Pursue Criminal & Civil Litigation

24th October 2023

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi - who were engulfed by a sinkhole at Lily Mine in February 2016 - have today granted ActionSA Power of Attorney to pursue further legal action against those liable for the tragedy and ensure that the business rescue procedures are implemented as determined by the Mbombela Magistrates’ Court.

Following last week’s Constitutional Court ruling and Magistrate’s Court inquest judgement, ActionSA will use the Power of Attorney to pursue civil and criminal litigation concurrently. This, against the parties found to be liable, to ensure that the families receive the justice they deserve. 

Advertisement

ActionSA has, for the last 7 years, assisted the families who have repeatedly been let down by dilatory and vexatious legal challenges while their pleas for assistance from Mineral Resources Minister, Gwede Mantashe, and the national government have also fallen on deaf ears. ActionSA, therefore, believe the steps taken, today, will not only ensure that the bodies are retrieved, but also that the families are fairly compensated for the impact the tragedy had on their community. 

As a party which values social justice, ActionSA will now use the Power of Attorney to achieve the following: 

Advertisement

Ensure that the amended Business Rescue Plan is voted on within 14 days of the Constitutional Court ruling. The plan stipulates that mining operations at Lily Mine resume, and a new shaft be dug which would help retrieve the three miners’ bodies. 

Write to the National Prosecuting Authority (NPA) for the plans to pursue prosecution instituting any against those the courts have found liable for the tragedy. If they do not institute charges, ActionSA will approach the National Prosecuting Authority to get Nolle prosequi to possibly launch our own private prosecution. 

Launch civil action to ensure that the families of the three miners are fairly compensated for the impact the tragedy has had on them for more than 7 years.  

These steps follow last week’s Constitutional Court ruling refusal 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 for a decision and the Mbombela Magistrates Court inquest which determined that the mine owners, the South African Police Service and Department of Minerals and Energy are to blame for the tragedy. 

ActionSA is grateful for the role the South African judiciary has played in this regard to protect the lives of the most innocent and vulnerable and ensure that the culprits are held responsible. 

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 happened at Lily Mine on 5 February 2016, and we need to ensure justice for the miners and their families.

 

Issued by ActionSA President Herman Mashaba                                       

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

 

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za