Revealing the Dark Side of 32 Years of Democracy

There are moments in a nation’s history that define its moral character. Moments that reveal whether those entrusted with power truly value the lives of ordinary citizens or whether those lives become expendable once the headlines fade.

Lily Mine is one of those moments. More than ten years ago, on 5 February 2016, three innocent mineworkers, Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda disappeared when the lamp room container they were working in was swallowed by the earth after a collapse at Lily Mine near Barberton. Their bodies have never recovered. Their families have never been given closure and the opportunity to bury them with dignity.

This week the three families and I, accompanied by some of my colleagues picketed at the Head Offices of the National Prosecuting Authority once again, to establish the reasons behind their being in contempt of court judgement delivered by the Mbombela Magistrate Court in October 2023.  Every time I meet with these families leaves me carrying the same emotions: heartbreak, anger, frustration and an overwhelming sense of helplessness.

I met a young man who is now 20 years old. He was just 10 years old when he last saw his mother alive. Imagine spending your teenage years, graduating into adulthood, celebrating birthdays and milestones, all while not knowing where your mother’s remains lie.

For more than eight years I have stood alongside these families because someone had to. Harry Mazibuko, then the health and safety representative for the union, approached me in early 2020 after exhausting every avenue with the Mpumalanga government.

Since being involved in this matter, we have spent more than R4 million in legal costs alone pursuing justice through the courts. We have on numerous occasions approached the South African Human Rights Commission, including their offices in Mbombela, Mpumalanga, which acknowledged our memorandum, yet meaningful action never followed.

Today government faces allegations that it has failed to comply with court orders relating to this matter. The rule of law cannot apply only to ordinary citizens while those in power treat it as optional.

The Lily Mine tragedy represents the dark side of 32 years of democracy. We were promised accountability, yet these families still wait for closure.

Reports indicate that at least 13 Zama Zamas have died while conducting illegal mining activities at Lily Mine, raising serious questions about organised criminal networks and enforcement failures.

Lily Mine also exposes failures in mine rehabilitation, mining rights oversight and enforcement. Experts have argued that reopening the mine could create more than 1,000 jobs while enabling the recovery of the container believed to hold the three workers.

The silence from many influential figures in the mining industry, civil society, religious leadership and much of the mainstream media has been deeply disappointing.

Government must comply with court orders, ensure the recovery of the container, determine the future of Lily Mine and finally give these families the dignity they deserve.

Ten years is long enough. The families have waited. Justice has waited. South Africa has waited. Now government must finally act.

ActionSA Nobuhle Mthembu (Speaker of Johannesburg) Rising Star: Currently serves as the Speaker of the Johannesburg Council, one of the most powerful legislative positions in the country’s economic hub. Focus: Known for a strict “Rule of Law” approach to council sittings and managing the volatile multi-party environment in Jo’burg. Athol Trollip (National Chairperson)