Mpumalanga SAPS Using Covid-19 to Harass Former Lily Miners and Families
15 April 2020
Yesterday I learnt from the former miners and family members at Lily Mine that the Lows Creek SAPS are abusing the regulations with the Covid-19 Disaster Management, to force the former miners and family members to move from the mine.
The former miners and family members have been camped outside the mine for one year at the end of this month, in their efforts to retrieve the container with the 3 trapped miners from the collapse in February 2016.
They have been subject to harassment, intimidation and law enforcement efforts to prevent them from being there. A court order was enforced by over 60 armed police in 2018, to force them to remain 1000m from the mine – which they have complied fully with.
These latest efforts represent a continuation of what appears to be a comprehensive and concerted effort to frustrate the efforts of the former miners and family members – which I fundamentally believe to be linked to corrupt interests.
This latest attempt by the SAPS is illegal. The provisions of the Disaster Management Act do not supersede the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. They have resided on this land for nearly a year, have erected temporary structures and cannot be removed without a court order – and even evictions are prohibited during a National State of Disaster.
Beyond this, the former miners and families responsibly went to the local clinic and sought measures and education on how to best insulate themselves from the Covid-19 virus. They are practising social distancing measures. To-date they are still to receive an official advice from the local clinic.
It is disturbing that the SAPS would seek to take advantage of our current health crisis, and the associated legal provisions, to continue the historical pattern of harassment and intimidation of the former miners and family members.
It is tragic that, for more than 4 years, these brave South Africans have faced nothing other than indifference and obstruction in their efforts to provide the dignity of proper burials for these trapped miners.
I have ensured that the legal team, representing the miners, are in contact with the SAPS to prevent further abuse at the hands of the state. Any further actions by the SAPS will be met with the strongest legal response. It is unlikely that the SAPS is embarking upon similar actions on occupied land anywhere else in the Province, which again points to the Covid-19 crisis being used to continue the harassment of the former miners and families.
Further to this, The People’s Dialogue is moving to appoint forensic experts to begin looking at the trail of illegality and corruption that is clearly present in this case. I am on record, from day one, that only such forms of wrong doing could elicit such a coordinated and comprehensive effort by our government to frustrate the efforts of the former miners and families.
We will not be deterred in our efforts to support these brave individuals, and call on all South Africans to stand behind them.
Issued by Herman Mashaba, Founder, The People’s Dialogue, 15 April 2020
