Relief bid for Stilfontein illegal miners lacked crucial facts: Judge - SABC News

The court stressed that the argument as laid out by the applicant is emotive.

launched by organisation, Society for the Protection of our Constitution, amid the operation by law enforcement officials to have suspected illegal miners resurface at the Stilfontein mine shaft in the North West.

They also argued that the illegal miners were being denied access to medication for chronic illnesses.In a 14-page judgment, Neukircher says the application failed to place crucial facts before the court such as that of an alternative safe exit in the form of Margaret Mine Shaft which has been used by 500 suspected illegal miners at the date of hearing and that the police have not, in fact, blocked the shaft as alleged by the applicant.

It finds that there is no evidence at all to suggest that the police are using means of arrest to torture and kill the miners, further adding that the society has not offered cogent proof to show that the respondents’ response to the situation is not measured, considered and proportional.The SAPS remains adamant that the illegal miners are not trapped underground, however, they refuse to resurface because they are scared of being arrested.

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