Some lobby groups consider taking fight for humanitarian aid for zama zamas in Stilfontein to ConCourt

JOHANNESBURG - Some lobby groups are considering taking the fight for humanitarian aid for illegal miners in Stilfontein all the way to the Constitutional Court.

This after a second failed application at the Pretoria High Court to compel government to provide zama zamas with food, water and medical supplies, all while an operation to haul them back up to the surface, continues.

Hundreds of illegal miners are occupying an abandoned gold mine in Stilfontein despite an attempt by law enforcement to shut down illegal mining networks in the area and in six other provinces.

The first organisation to take government to court over operation Vala Umgodi was the Society for the Protection of our Constitution.

The NGO accused several government departments of infringing on the illegal miners' right to life by cutting off the supply of essential aid.

Another NGO, Mining Affected Communities United in Action (MACUA), also squared off with government on the matter.

Both applications were dismissed.

MACUA's national organiser, Meshack Mbangula, said that while the court affirmed the illegal miners' right to receive humanitarian aid, he believes the court erred in failing to affirm the state's obligation to protect this right.

"The judge in this matter didn’t really look at the urgency of this matter of people being resurfaced and the issue of food. He failed to look at all those things, so we will take the matter to Constitutional Court."

More than 1,400 illegal miners have been arrested in the North West, including children as young as 14.

At least nine bodies have also been retrieved from shaft 11, where an operation to retrieve the zama zamas continues.