The Lily Mine judgment in South Africa represents a significant milestone in the pursuit of justice and accountability for a tragic mining accident that transpired in 2016. On 05 February 2016, a critical incident occurred at Lily Mine near Barberton, South Africa when a crown pillar collapsed between the third and fourth levels of the mine, resulting in the unfortunate and confirmed deaths of three workers: Pretty Nkambule, Yvonne Mnisi, and Solomon Nyirenda.

In the aftermath of the disaster, Vantage Goldfields, the company that owned Lily Mine, faced substantial criticism over its safety standards and its handling of the crisis, and the mine was placed under business rescue, further complicating the legal and financial aspects of the case.

Over the ensuing years, the victims’ families, the National Union of Mineworkers (NUM), and other stakeholders exerted relentless pressure on the South African government and the legal system to ensure that those responsible for the tragedy would be held accountable. The pursuit of justice was marked by numerous delays, complex legal proceedings, and exhaustive investigations, all of which compounded the anguish experienced by the victims’ families.

Following a two-year inquest that commenced in November 2021, a recent judgment by Senior Magistrate Annemarie van der Merwe in the Mbombela Magistrates Court has finally brought closure to the case, confirming that the collapse of the mine was primarily caused by illegal mining activities that had run rampant in the area for years. The court then turned its attention to the responsible parties, determining that the root cause of the incident could be traced back to the joint negligence of the South African Police Services and the Department of Mineral Resources and Energy in particular. The court went so far as to state that these government departments had shown a clear pattern of providing superficial attention to the well-documented issues of illegal mining and unsafe practices at the Lily Mine, finding that –

“It is clear from the evidence presented in court that the institutions of the SAPS and DMRE were, at the time of the Lily Mine disaster, merely giving lip service to the issue of illegal mining and that they were not effectively addressing the issue. It is, therefore, found that they had failed at the time to ensure the safety of the three lamp room attendants who had perished in an incident that happened as a result of the activities of illegal miners.”

While the ruling marks the conclusion of civil proceedings, Van der Merwe confirmed her intention to forward the proceedings’ records to the Director of Public Prosecutions for a potential consideration of criminal action, which may result in criminal liability for the responsible parties.

Mike McChesney, CEO of Goldfields, the entity that controls Lily Mine, expressed his satisfaction with the court’s findings and the conclusion that extensive illegal mining activities were the primary instigators of the mine’s collapse, acknowledging the widespread prevalence of “zama zamas” in the region. McChesney confirmed that “[t]he focus now would be reopening the mine and seeing that people who were left unemployed when operations stopped could finally return to their jobs and start earning a living”.

While the legal proceedings in this matter may not be over, it is anticipated that this judgment will serve as a deterrent to other transgressors, and motivate government to take more stringent measures to combat the rampant issue of illegal mining across the country.

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