‘You cannot wash your hands and say illegal miners must be left to die’ – Lawyer

Bongani Bingwa speaks with Tebogo Khaas, Chairperson of Public Interest South Africa and Ulrich Roux, Founder and Managing Director of Ulrich Roux and Associates.

Listen below.

In a recent media briefing, Minister in the Presidency Khumbudzo Ntshavheni said they would not help illegal miners trapped underground in Stilfontein.

She says that the government is not risking the lives of law enforcement officers to help ‘criminals’ and that they would ‘smoke them out’ instead.

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“Criminals are not to be helped. Criminals are to be persecuted. We didn’t send them there and they didn’t go down there for the good benefit and good intentions of the Republic.” 

- Khumbudzo Ntshavheni, Minister in the Presidency (quoted from the media briefing)

This response was seen as dismissive of human rights concerns, as many of these illegal miners are reportedly falling ill, and dying underground.

Some have allegedly already died as the people who usually support them have run away.

Khaas thinks that we should ‘cut the minister some slack’ and that she misspoke when she said that the illegal miners should be 'persecuted'.

He adds that this puts the government in a difficult position as it would be dangerous to send someone to help those trapped underground as they are likely armed.

“There are armies underground there. You would not have a technical way to approach them, and you will not know what you might be met with.” 

- Tebogo Khaas, Chairperson - Public Interest South Africa

Roux says that it is unconstitutional to deny people their right to life and medical care, even if they are committing a crime.

He believes there must be a system of negotiation where supplies and support are given to those trapped underground.

Once they have been rescued then they can be criminally charged and prosecuted.

“You cannot just wash your hands of this and say they must die underneath the mine.”

- Ulrich Roux, Founder - Ulrich Roux and Associates

He adds that the government could face legal consequences for these comments if people die as a result of being left underground.

“The government could very well face legal action subsequent to that. This is a severe infringement of human rights.”

- Ulrich Roux, Founder - Ulrich Roux and Associates

Scroll up to the audio player to listen to the interview.