The desperate plight of hundreds of illegal miners trapped deep within the Buffelsfontein Gold Mine near Stilfontein has reached a horrifying new low.
Mashiane and Ntsokolo, both trapped in Shafts 10 and 11, stated that before their escape on Christmas Day, 2024, "some miners had resorted to consuming human flesh from other deceased miners".
Mashiane was rescued, while Ntsokolo used one of the mine's perilous "ligaters"—metal rods extending from the mine's depths to the surface—to escape. Their testimony corroborates the earlier grim account given by fellow illegal miner Clement Moeletsi, who described six weeks of starvation and resorting to drinking contaminated water.
Moeletsi's testimony, along with the chilling revelations from Mashiane and Ntsokolo, forms the core of a legal battle before the Constitutional Court. The human rights group Mining Affected Communities United in Action (Macua) is using this harrowing evidence to bolster its application for an order compelling the provision of food, humanitarian aid, and the urgent rescue of the trapped miners.
A previous application was dismissed by the Gauteng High Court in Pretoria on 20 December 2024, leading Macua to appeal to the apex court. The court is yet to decide whether to hear the appeal.
The State Attorney, Isaac Chowe, in a letter to Chief Justice Mandisa Maya on 30 December 2024, disputed Macua's account, calling it "highly controversial and refuted by the SA Police and several illegal miners who recently (in the past few days) emerged from the mine".
He claimed the police were gathering information suggesting "significant food stocks being available to sustain the illegal miners". He further dismissed the allegations of cannibalism and deaths during escape attempts as "exaggerated and unreliable".
Moeletsi strongly refutes this, stating in his affidavit filed on 2 January 2025: "[t]here were no stockpiles of food, and the notion that we could voluntarily come out is entirely false. I submit to this Honourable Court that, based on my experience and what I have witnessed, everyone underground was ready to come out. The reports circulated by the police and other media outlets that I have seen are grossly inaccurate."
Moeletsi's testimony also details the deadly consequences of using ligaters to escape: "Tragically, the ligaters became a death trap," he said. "Most who tried to scale it fell, their weakened bodies unable to withstand the exertion or maintain their grip on the slippery, corroded surface. Those who fell plummeted to the very bottom of the mine, a place so remote and dangerous that recovery was nearly impossible without specialised equipment."
He blames the police's "Vala Umgodi" (Close the Hole) operation, launched in September 2024 to cut off supplies to illegal mining syndicates, for the deaths of miners trapped underground.
"Had we known about the operation, we could have planned an evacuation or sought safety in time," he said. "People died because of decisions made without consideration for their well-being or right to life. I urge this court to hold those responsible accountable for the deaths that occurred and to take steps to prevent further loss of life."
The National Joint Operational and Intelligence Structure (NatJoints) rejects this, asserting that the miners could have escaped independently. In a recent statement, NatJoints described the idea that miners were "trapped solely due to police actions" as "misleading", citing the number of miners who have since surfaced. They also stated that the mine needs to acquire rescue services, requiring a substantial upfront payment.
The State Attorney maintains that the Buffelsfontein Gold Mining Company (BGM), the mine owner, is responsible for the rescue. State Attorney Isaac Chowe's letter to Chief Justice Maya mentions that BGM engaged Mine Rescue Services (Pty) Limited (MRS) in November 2024 to assess the situation. He highlighted the company's possession of a "first in the world Mobile Rescue Winder (MRW)", capable of hoisting miners from 3,000 metres, but stressed that a suitable access road and funding (approximately R11.3 million) were prerequisites. An MRS report estimated a 16-day rescue operation with a 10-hour daily hoisting shift.
However, BGM argues that the mine rehabilitation fund should bear these costs, a position Chowe considers "misplaced, but irrelevant". In a letter to Chief Justice Maya, BGM's lawyers, Werksmans Attorneys Inc, denied any legal duty to rescue the "trespassing miners".
"This is an issue of law which will be fully ventilated in argument at the hearing of this matter. Suffice to state that, to date, BGM has at all material times complied with its legal obligations," Werksmans stated.
The contrasting positions of the state and BGM highlight the complexities of the situation. Meanwhile, Macua's Community Rescue Operation (CRO) has been using a rudimentary pulley system to rescue miners and deliver supplies. Macua's national administrator, Sabelo Mnguni, reported rescuing 34 people and recovering nine bodies, each rescue representing countless hours of effort.
However, this operation was disrupted on 27 December 2024 when a state-deployed grader cleared the site, halting further rescue and aid delivery. Mnguni's attempts to get answers from the state regarding potential rescue operations and humanitarian aid were unsuccessful.
He stated: "The miners' lives are hanging in the balance, and their right to life and dignity cannot be violated any further. The court's immediate intervention is essential to prevent more deaths and to protect these fundamental rights. The time for decisive action is now."
The letter reads: “Greetings, we are asking for bathing soap and Omo washing powder to wash our clothes. We are also asking for roll-on so that we can bathe. We are also asking for tomato sauce and mayonnaise. We have run out of meat. Please, give us tin fish and beef.” The letter also requested rice, torches and medication for low blood pressure.
Community member Levy Pelusa responded to the letter with a mixture of resignation and pragmatism: "Those who don't want to resurface, it's their own baby. If they want to remain underground, they'll remain there. We were extending our helping hand to them. If they want to stay there, let them be. But those who want to resurface and want our assistance, we'll gladly help.”
