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Court rulingGold

High Court orders state to rescue trapped Stilfontein miners

On 10 January 2025 Judge Ronel Tolmay ordered the government to fund and begin a rescue at Buffelsfontein's Shafts 10 and 11, ending a months-long standoff under Operation Vala Umgodi. The operation recovered 246 survivors and 78 bodies.

StatusIn force

High Court of South Africa, Gauteng Division, Pretoria

South Africa

  1. Draft
  2. Comment
  3. In force09 Jan 2025
High Court orders state to rescue trapped Stilfontein miners

At a glance

Status
In force
Category
Court ruling
Authority
High Court of South Africa, Gauteng Division, Pretoria
Country
South Africa
Commodity
Gold
Effective
9 January 2025
Published
10 January 2025

A High Court ruling in Pretoria on 10 January 2025 forced the South African government to mount a rescue of informal miners trapped underground at the disused Buffelsfontein gold mine near Stilfontein in North West province, bringing to an end one of the most controversial episodes of the state's campaign against illegal mining.

The ruling

The urgent application was brought by Zinzi Tom, whose brother was among hundreds of miners underground at Shafts 10 and 11 since mid-2024. Judge Ronel Tolmay directed the state to finalise a service level agreement and letter of appointment for Mine Rescue Services that day, so that funds could be released and the rescue could start. She also ordered the uninterrupted supply of food, water and medicine until the rescue was complete, stressing the constitutional rights to life and dignity. Earlier court orders had already required the police to allow miners to surface and permitted community groups to send down supplies.

The outcome

The rescue began on 13 January and ended on 16 January, when Mine Rescue Services confirmed that no one remained underground. It brought up 246 survivors and 78 bodies. Police said that since August 2024 nearly 2,000 informal miners had been arrested at the site and 87 bodies recovered in total. Of those arrested, 1,125 were Mozambican, 465 Zimbabwean, 200 from Lesotho and 26 South African. Police said rescued miners had alleged assault and hoarding of food by underground ringleaders, several of whom were arrested.

Why it matters

Operation Vala Umgodi, launched in December 2023, sought to force illegal miners out by closing access and cutting off supplies. The Stilfontein case showed the legal limits of that approach and triggered calls for an inquiry, including from the DA and the Good party. It also focused attention on the thousands of derelict and ownerless mines that syndicates exploit, and on the weak rehabilitation of closed shafts.

The episode fed directly into later policy: the General (Mining) Laws Amendment Bill published in August 2026 aims to criminalise illegal mining and target the financiers and buyers behind it, while the government has continued to budget for rehabilitating derelict mines.

Sources

Photo: The municipal building in Stilfontein, North West Province. HLADR054, Wikimedia Commons, CC0.

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