A Gauteng High Court ruling has thrown a lifeline to hundreds of zama zamas (illegal artisanal miners) trapped in abandoned mines in Stilfontein, North West. On Saturday, Judge Brenda Neukircher ordered police to allow essential supplies—including food, water, and medical aid—into the mine shafts where miners have been stuck for weeks. The interim order also permits the miners to surface without interference until a final hearing scheduled for Tuesday, 19 November.

This decision follows weeks of tension in the mining town, where the government’s controversial “smoke-them-out” strategy has sparked protests from residents and human rights groups. The ruling came after an urgent application by the Society for the Protection of Our Constitution, which argued that the police blockade violated the miners’ constitutional rights to life and access to food and water.

Despite the court’s intervention, the South African Police Service (SAPS) remains firm. “Those who resurface in good health will be processed and detained,” said Brigadier Athlenda Mathe, national police spokesperson. “The order does not in any way prevent SAPS from performing its constitutional mandate,” he added. 

The government has remained steadfast in its crackdown on illegal mining through Operation Vala Umgodi, a national campaign to eliminate illicit mining. While the operation has seen more than 1,000 zama zamas arrested after resurfacing, many others remain trapped underground, with little access to food or water, creating a growing humanitarian crisis.

Criticism of the government’s stance only intensified following Minister in the Presidency Khumbudzo Ntshavheni’s comments last Wednesday defending the “smoke-them-out” policy: “No help will be sent to criminals. We will smoke them out.” Her comments have ignited outrage, with critics, including former SAHRC commissioner Advocate Jonas Sibanyoni, accusing the government of ignoring basic human rights.

On Friday, families of illegal miners staged a peaceful protest against the police’s controversial “smoke-them-out” strategy aimed at forcing these miners out of abandoned mine shafts.

Police Minister Senzo Mchunu visited the area to address the growing crisis, but he met a crowd of distressed residents. Holding placards with bold messages, “No to the smoke-them-out policy,” the families clarified that they opposed the government’s tough approach to dealing with the miners. 

During Police Minister Mchunu’s visit to Stilfontein, accompanied by officials from the Ministry of Defence, he met with local leaders working to assist the trapped miners. Volunteers, organised into groups of 50, explained that it takes about an hour to rescue just one person from the mine shafts. Community leader Johannes Qankase appealed to the minister, asking whether he shared Minister Ntshavheni’s stance of “smoking them out,” and urged for a more compassionate approach to the crisis.

For many in Stilfontein, illegal mining is not a choice but a desperate means of survival. In a province where job opportunities are scarce, and unemployment rates are high, zama zamas risk their lives underground to make ends meet. According to Stats SA, the North West has one of the highest unemployment rates in the country, with 54% of the population unemployed and 12,000 jobs lost in the second quarter alone. One resident echoed the harsh reality: “It’s the last resort to make ends meet for a community battling to find jobs.”

Reports suggest that some miners have resorted to eating vinegar and toothpaste to survive, and there are concerns that some may be too weak to leave the mine. Many zama zamas are also undocumented migrants, afraid of being arrested or deported if they surface. Police are hesitant to enter the mine shafts, fearing that some miners may be armed or involved in criminal syndicates.

President Cyril Ramaphosa has called the Stilfontein site a “crime scene,” accusing criminal syndicates of exploiting vulnerable individuals. Yet the government’s methods, particularly the “smoke-them-out” strategy, have drawn sharp criticism. In his weekly newsletter, Ramaphosa described the situation as “volatile” and part of a broader illegal mining epidemic that cost the economy billions. 

Illegal mining is not a new issue in South Africa, but its impact has reached critical levels. The South African Human Rights Commission (SAHRC) is investigating whether the police blockade violated constitutional rights. At the same time, critics argue that the country’s failure to implement small-scale mining policies has contributed to the crisis.

As the nation awaits the court’s final ruling on Tuesday, the crisis in Stilfontein highlights the tension between law enforcement priorities and humanitarian needs. For the zama zamas, the question remains: will they find safety, or will their desperate fight for survival continue underground?