ACTIONSA said the refusal by the Constitutional Court to grant Vantage Goldfield’s leave to appeal a ruling on business rescue for Lily Mine to operate was a victory for the families of the miners who died underground at the mine in February 2016.
It has been over seven years since Pretty Nkambule, Solomon Nyirenda and Yvonne Mnisi were trapped underground at Lily Mine in Barberton, Mpumalanga.
Early this year, the Australian company Vantage Goldfields approached the Constitutional Court in its attempt to stop the sale of Mpumalanga sister gold mines, Lily and Barbrook, to a prospective buyer.
On Tuesday, this leave to appeal was denied by the court, with ActionSA provincial leader in Mpumalanga, Thoko Mashiane, saying the Constitutional Court’s refusal determined that the adopted business rescue plan and amendments should be submitted to creditors so that they may vote on it
This, Mashiane said, would ultimately result in the re-commencing of operations at Lily Mine, which meant that the families of the miners who were trapped underground would be a step closer to retrieving their bodies.
Mashiane added that the families of the three had, since the tragic incident, faced an uphill battle to retrieve their loved ones following 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 the 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,” Mashiane said.
Mashiane said the party believed the Constitutional Court’s refusal was a victory for the families and that this process would finally help bring closure to the families of the three miners, who had 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.
“We remain 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,” she said.