ACTIONSA President Herman Mashaba and the families of Lily Mine victims marched to the National Prosecuting Authority's (NPA) offices to demand justice.
They picketed outside the Pretoria offices on Monday, 22 April, to raise concerns seven months after the Mbombela Magistrates Court found that the NPA should consider criminal prosecution against individuals for the February 2016 tragedy, and the NPA is yet to decide on possible prosecution.
Mashaba stated that despite ActionSA's repeated consultation with the NPA regarding the status of criminal prosecutions and assurances received in December that a decision would be made by January, the NPA has still not reached any conclusions on potential criminal charges.
“Instead, the NPA gives excuse after excuse as to why a decision on possible prosecutions hasn't taken place while the families of Solomon Nyirenda, Pretty Nkambule and Yvonne Mnisi, who were engulfed in a sinkhole at the mine, more than eight years ago, await closure and justice following the tragedy,” Mashaba said.
Mashaba first visited the mine in 2020 to meet with the victims’ families who had camped outside the mine since the tragedy.
“I pledged to bring justice to the families. ActionSA’s objective is to see the mine shaft reopened to retrieve the container in which the three victims were entombed and allow them proper burial, securing compensation for the families of the affected miners, and ensuring that those liable for the tragedy are criminally prosecuted.”
Mashaba said since he became involved in the matter, they received power of attorney from the families to pursue, if necessary, civil and criminal litigation against parties found liable.
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Mashaba said: “It's therefore imperative that the NPA makes a decision on whether to prosecute to allow ActionSA to consider its options, legal or otherwise.
“I'm unwilling to live in a society where tragedies such as Lily Mine occur, and we fail to support victims and families because of crises facing South Africa due to the governing party’s failures. We can't become numb to the pain and suffering of those around us and therefore need to give victims and their families justice they deserve.”
ActionSA Mpumalanga Premier Candidate Thoko Mashiane said she was ashamed to be called a South African.
“The South Africa we loved deserted us. The justice we fought for disserted us today because we're fighting for the retrieval of Solomon Nyirende, Pretty Nkambule and Yvonne Mnisi. Today, we're here for the justice of the Lily Mine three, but this country's justice system is failing us,” Mashiane said.
She said the ANC government was denying the families to find closure.
“This government has never listened to the families, never listened to the courts of this country, instead they ignored the families and talked past them with empty promises,” said Mashiane.
Harry Mazibuko, the family's representative, said: "All we need is closure. We are crying for our loved ones to be found. Unfortunately, all the systems in government are failing us. We are spending sleepless nights."
He said they had been 1000 metres away from the mine since 30 April 2019 and slept in the bushes.
"All we need is to find them and see for ourselves whether they are no more," he said.
Harry said that Mashaba was their last hope.
Sifiso Mavuso said his sister Pretty was still trapped underneath the mine.
"We were attacked four times camping outside the mine. My sister left four children, and they are asking questions every day. This ANC must be voted out of power this year," Harry said.
NPA spokesman Isaac Dhludhlu said: "We are committed to ensuring that there is justice at the end of this matter and that justice is served," he said.
He said that the matter is still in court.
