NPA Must Enable Justice for Lily Mine Families

ActionSA calls on the National Prosecuting Authority (NPA) to urgently issue a nolle prosequi certificate to the families of the three deceased Lily Mine workers, following its decision not to institute criminal proceedings arising from the Lily Mine tragedy.

On behalf of the next of kin of Solomon Nyirenda, Yvonne Mnisi and Pretty Nkambule, ActionSA has formally requested the National Director of Public Prosecutions to issue a nolle prosequi certificate in terms of section 7 of the Criminal Procedure Act, after the Acting Director of Public Prosecutions in Mpumalanga concluded that there are no reasonable prospects of a successful prosecution. The request was made in accordance with powers of attorney granted to ActionSA by the families.

While the NPA is entitled to exercise prosecutorial discretion, ActionSA fundamentally disagrees with its conclusion that there are no reasonable prospects of a successful prosecution.

The judicial inquest conducted by the Mbombela Magistrate’s Court vindicated what the families have maintained for years: that the deaths of the three miners warrant criminal accountability. The inquest was never intended to bring this matter to an end. Its findings were intended to ensure that criminal investigations and prosecutions followed where the evidence justified such action.

We therefore cannot accept that there is no basis upon which those responsible should be called to account.

South African law recognises that the NPA’s decision not to prosecute should not necessarily mark the end of the pursuit of justice. Section 7 of the Criminal Procedure Act provides a lawful mechanism for the next of kin of deceased persons to institute a private prosecution where the State declines to do so. It is for precisely this reason that ActionSA has requested a nolle prosequi certificate.

This request is neither extraordinary nor confrontational. It is the exercise of a statutory right expressly provided for in our law, giving practical effect to the constitutional values of accountability, access to justice and the rule of law. 

For over a decade, the families of Solomon Nyirenda, Yvonne Mnisi and Pretty Nkambule have lived without closure. They have endured years of broken promises, repeated delays and the pain of knowing that their loved ones remain underground while accountability has remained elusive.

Having decided not to prosecute, the NPA should not frustrate the families’ lawful right to pursue justice through a private prosecution. The continued delay in responding to our request only prolongs their suffering and postpones their opportunity to seek justice before a court.

ActionSA remains hopeful that the National Director of Public Prosecutions will respond positively to our request and issue the nolle prosequi certificate without further delay. Our criminal justice system provides this safeguard to ensure that access to justice is not dependent solely on the decision of the prosecuting authority. 

The Lily Mine families have waited far too long. They deserve every lawful opportunity to pursue accountability for the deaths of their loved ones.

ActionSA Economic Stance: Supports a free-market economy with reduced red tape.