The harrowing plight of illegal miners at the Buffelsfontein Gold Mine in Stilfontein, North West, has captivated the nation and raised profound legal and humanitarian questions. According to a TimesLIVE report, miners trapped in the abandoned mine have allegedly resorted to cannibalism to survive, as detailed in a Constitutional Court submission by Mining Affected Communities United in Action (Macua). This revelation underscores the dire situation underground and the urgent need for legal intervention.

The Constitutional Court Appeal
Macua, supported by Lawyers for Human Rights, has appealed a Gauteng High Court ruling that dismissed their bid to compel the government to provide immediate aid and rescue operations for the miners. The group claims the state's inaction violates its constitutional mandate, leaving hundreds of miners in life-threatening conditions.
Macua has requested the Constitutional Court to order state entities and Buffelsfontein Gold Mine (BGM) to deliver humanitarian relief—including food, water, and medication—within two hours of the court’s judgment. This plea follows reports of miners succumbing to starvation and consuming the flesh of deceased colleagues in desperation.
Government's Position
The government, through the National Joint Operational and Intelligence Structure (NatJoints), disputes claims of negligence, asserting that miners remain underground voluntarily. NatJoints insists safe exit points are available for those willing to surface, where they will face legal consequences for their activities.
Deputy State Attorney Kantoro Isaac Chowe argued that Macua's case lacks exceptional circumstances warranting direct access to the Constitutional Court. He further contended that Macua failed to meet the legal standards under Section 38 of the Constitution, which governs the enforcement of constitutional rights.
Affidavits from Survivors
Three artisanal miners who recently emerged from the mine provided affidavits highlighting the deteriorating conditions. One survivor, Clement Moeletsi, recounted extreme measures taken to survive, including eating cockroaches and mixing toothpaste with salt. Others detailed the consumption of human flesh by desperate miners, painting a grim picture of life underground.
Buffelsfontein Gold Mine's Response
BGM, the mine owner, has rejected allegations of legal liability for the crisis. According to the TimesLIVE report, the mine ceased operations in 2015 without obtaining a closure certificate, a requirement under South African law. This has left BGM potentially accountable under the Mine Health and Safety Act to ensure safety and prevent harm at the site. However, the mining house denies any obligation to assist illegal miners trespassing on its property, maintaining that it has complied with all legal duties.
Legal Implications
The case raises critical questions about the responsibilities of mining companies post-closure, especially when closure certificates have not been issued. It also highlights the government's duty to balance the enforcement of the rule of law with the protection of human rights in crisis situations.
Should the Constitutional Court rule in favour of Macua, it could set a precedent for holding both the state and private entities accountable for the welfare of vulnerable communities affected by abandoned mines.
Key Legal Frameworks
Mine Health and Safety Act: Mandates reasonable measures to prevent injuries or loss of life at unclosed mines.
Mineral and Petroleum Resources Development Act: Requires closure certificates for mines to ensure compliance with safety and environmental obligations.
Section 38 of the Constitution: Provides for the enforcement of rights within the Bill of Rights.
Conclusion
The Buffelsfontein crisis serves as a stark reminder of the intersection between corporate accountability, governmental responsibilities, and human rights. While the Constitutional Court deliberates, the miners' plight calls for urgent humanitarian intervention and long-term legal reform to address the challenges posed by abandoned mines.
Full TimesLIVE report: https://www.timeslive.co.za/sunday-times-daily/business/2025-01-07-stilfontein-mine-owner-says-not-legally-bound-to-rescue-illegal-miners/
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