By Gillian Schutte
A PRESS release issued by MACUA-WAMUA on January 10, 2025, confirmed a landmark ruling by the High Court of South Africa, ordering the immediate commencement of rescue operations for the miners trapped in Shafts 10 and 11 of the Buffelsfontein Gold Mine in Stilfontein, North West.
The ruling follows an urgent application brought by Zinzi Tom, whose brother Ayanda Tom is one of hundreds of miners trapped underground since July 2024.
The court directed the state to finalise and deliver a service level agreement and letter of appointment to Mine Rescue Services (MRS) by the end of the day.
This will enable the release of the necessary funds for rescue operations to begin without further delay. MRS has confirmed its readiness to deploy once payment is made, with operations potentially beginning today.
Judge Ronel Tolmay, in her emphatic ruling, underscored the gravity of the situation, stating: “It is unthinkable that people are deprived of food over the weekend. We do not want a situation where this will be marked as the darkest point in our history. On my watch, no one will go without food.”
She further emphasised the constitutional right to life and dignity, directing that the uninterrupted provision of food, water, and medical supplies to the miners must continue until their rescue. Judge Tolmay reminded all stakeholders of their duty to act swiftly, saying: “The systems must be in place to ensure that no one goes without basic supplies. It can’t be that more people die.”
This decision represents a crucial victory in the fight against systemic neglect, bringing hope to the miners and their families after months of suffering and inaction.
A crisis rooted in neglect
The tragedy at Buffelsfontein is a symptom of deeper systemic failures within South Africa’s governance and mining sectors. Disused shafts like those at Buffelsfontein have become sites of desperation, where impoverished workers, often lured by exploitative syndicates, risk their lives in illegal mining.
The situation is compounded by the failure of mining corporations and the government to adequately regulate these sites or address the root causes of illegal mining. Disused mines are often left unrehabilitated, with ventilation shafts unsecured, creating dangerous conditions for vulnerable workers. Meanwhile, social and labour plans meant to support retrenched miners are often poorly implemented, leaving many with no viable economic alternatives.
The Buffelsfontein miners’ plight mirrors the larger pattern of exploitation and abandonment that has plagued South Africa’s mining communities for decades. The industry has prioritised profits over people, with devastating consequences for workers and their families.
Parallels of exploitation
Earlier this week, the Palestinian New Federation of Trade Unions (PNFTU) sent a letter of solidarity to the families of the Stilfontein miners, highlighting the international resonance of their struggle. The PNFTU’s letter drew a direct comparison between the South African government’s response to the Buffelsfontein crisis and the methods employed by Israel in its treatment of Palestinians.
“Denying access to food, water, medicine, and basic supplies is always wrong, whoever they are, wherever they are,” the PNFTU wrote. They condemned the government’s inaction and systemic neglect, while also pointing to the historical exploitation of South African miners.
The letter noted: “South African workers have been viciously exploited and killed in the mines across the country to line the pockets of international and apartheid capital. During the apartheid era, much of their production was sent by these corporations to Israel, used to fuel and fill the coffers of Israeli apartheid. Especially through the ongoing coal exports by Glencore to Israel, South Africa’s mines are still today fuelling Israel’s ongoing genocide and crimes against our people.”
This international solidarity serves as a reminder that the struggles of the Buffelsfontein miners are not isolated. They are part of a global pattern of exploitation, where the poorest and most vulnerable are left to bear the brunt of systemic failures while corporations and states profit.
A moment of accountability
The High Court’s ruling represents a moment of accountability for a state that has too often prioritised wealth over the welfare of its citizens. Judge Tolmay’s insistence on the immediate provision of aid and the commencement of rescue operations sends a powerful message that human life cannot be treated as an afterthought.
Yet this decision must be seen as the beginning, not the conclusion, of a larger struggle. The rescue of the Buffelsfontein miners must be accompanied by systemic reforms to address the conditions that led to this crisis. Mining corporations must be held accountable for their negligence, and the state must enforce regulations to secure disused shafts and prevent further tragedies.
For too long, the rights of miners and their communities have been sacrificed to protect corporate profits. The Buffelsfontein disaster has laid bare the urgent need for a reckoning with the structures of exploitation that continue to harm South Africa’s most vulnerable.
A call for change
This ruling offers a glimmer of hope for the families of the trapped miners, but it also demands action. South Africa must commit to addressing the systemic inequalities that have left workers like Ayanda Tom underground for months without rescue. The judiciary has spoken decisively, but it is now up to the government and mining corporations to ensure that this crisis is resolved and never repeated.
The miners of Buffelsfontein deserve more than rescue—they deserve justice. They are not just victims of a single tragedy but of a system that has consistently failed them. This moment is an opportunity for South Africa to begin dismantling that system and building a future where human dignity is prioritised over profit.
The world is watching. It is time for South Africa to prove that it can honour its constitutional ideals, not only in words but in action.
* Gillian Schutte is a film-maker, and a well-known social justice and race-justice activist and public intellectual. Follow Gillian on X - @GillianSchutte1 and on Facebook - Gillian Schutte.
** The views expressed do not necessarily reflect the views of IOL or Independent Media.