The Nelspruit Magistrate Court yesterday found that the deaths of three Lily Mine employees, Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda, were brought about following the failure of mine management to conduct proper risk assessments. It also found that illegal mining, and government’s failure to assist the mine to combat the problem, was to blame for the incident.

On February 5, 2016, Nkambule, Mnisi and Nyirenda had been in the lamp room, two shipping containers welded together, at the mine, when the crown pillar beneath the structure collapsed. The room to sank into the main pit of the mine.

Their bodies were never recovered and, in a lengthy inquest finding by Mbombela magistrate, Annamarie van der Merwe, she said the three would have likely died instantly due to ‘the sheer weight of the rocks and the debris during the mine collapse’.

The court found that both the Department of Mineral Resources and Energy (DMRE) and the police failed in their constitutional duties to assist management to combat and effectively address illegal mining.

Van der Merwe found that the victims’ deaths ‘were brought about by the omission of the employer/mine owner/mine management to do a proper assessment as required by section 11 of the Mine Health and Safety Act to determine possible hazards the crown pillar might have posed to the structures and employees’, and the associated risks.

She said management failed to put in place the necessary measures to mitigate the risk as well as regularly monitor it.

The inquest found that the collapse was caused by the extensive illegal mining of the crown pillar.

She said that the record of proceedings will be sent to the director of public prosecutions to consider the possibility of instituting criminal proceedings.

Harry Mazibuko, a spokesperson for the three families of the deceased, said they were grateful following today’s findings.

He said the toughest part was to hear that their loved ones have been declared dead, but that it would help them to move forward. He added that the families welcome the finding that the matter will be opened for possible prosecution.

Richard Spoor, the attorney who represented the families at the inquest, said following the release of the findings that the judgement is a searing indictment of the mine and the authorities, including the SAPS and the DMRE.

“Fundamentally, the magistrate attributes the collapse to uncontrolled illegal mining that weakened the pillar… In fact, she said the conduct of the authorities violated the constitutional rights of the workers and the wider community,” said Spoor.

“In respect to the mine, she also notes there has been failure on the part of the mine to comply with the provisions of the Mine Health and Safety Act. She said they should have foreseen the risk of collapse and should have foreseen that the collapse would have had catastrophic consequences for the workers who were in the vicinity.”

Spoor added that the finding that the deceased died instantly might bring some comfort to the families and hoped there would be a response from both the SAPS, the DMRE and mining companies in general, to take more care of their employees.

CEO of Goldfields, which owned Lily Mine, Mike McChesney, told the media he was delighted the judgement had been handed down and that the families of Nkambule, Mnisi and Nyirenda must be relieved after seven long years.

“One finding was that there was a failure to complete a risk analysis, but quite frankly we had a very professional and experienced team, and we don’t think that that’s the major issue here. The major issue is that the cause of the accident has been determined to have been the result of illegal mining.”

He went on to say that illegal mining is a scourge in the entire country and certainly in Barberton, and the fact that there has been closure on that is ‘very good’.