Public Statement | Immediate Release | Lawyers for Human Rights Welcomes Critical National Inquiry into Artisanal Mining and Police Operation

Date: 01/10/2025


Lawyers for Human Rights (LHR) welcomes the launch of the South African Human Rights Commission’s (SAHRC) National Inquiry into the policy framework governing artisanal mining, its impact on surrounding communities, and the scope and methods used in Operation Vala Umgodi.

The Inquiry, which opens today in Stilfontein and will continue in Johannesburg on Thursday and Friday, is a crucial step towards accountability for a operation that resulted in the deaths of 87 people and left 280 survivors traumatised.

This Inquiry follows the South African Police Service’s (SAPS) Operation Vala Umgodi, conducted in 2024 and 2025 in Stilfontein. The crisis exposed troubling police tactics in responding to unregulated mining, highlighted serious gaps in the regulation of artisanal mining and mine closures, and underscored the urgent need for a rights-based approach to address the socio-economic, health, and environmental challenges faced by mining-affected communities.

LHR considers the Inquiry vital not only for scrutinising SAPS’ exercise of constitutional powers, but also for examining systemic failures in mine closure processes and driving much-needed policy reform to safeguard the rights and dignity of artisanal miners and surrounding communities. It is also a critical step in strengthening constitutional democracy by promoting accountability and transparency in the wake of Operation Vala Umgodi.

As part of the proceedings, LHR will present evidence on:

  • The human rights violations and devastating consequences of Operation Vala Umgodi, including blocked shafts, mass arrests, compromised rescue efforts, and infringements of constitutional rights;
  • Violations of rights to life, dignity, and freedom from inhumane treatment;
  • The scope and limits of police powers in the context of artisanal mining, and the need to align them with constitutional and human rights standards;
  • Improper mine closures and weak regulatory oversight by the Department of Minerals and Petroleum Resources; and
  • Inadequate policy frameworks governing artisanal mining.

“This Inquiry is an important moment for accountability. Communities across South Africa have long shouldered the burdens associated with improper mine closures and inadequate state responses. Operation Vala Umgodi compounded these harms by violating the most basic constitutional protections. We look forward to presenting evidence that demonstrates the urgent need for a human rights–centred framework that protects both miners and surrounding communities.” said Jessica Lawrence, Programme Manager of the Environmental Rights Programme at LHR.

The SAHRC Inquiry builds on the Commission’s earlier investigative reports (2015 and 2016), which called for systemic reforms on mine closures, rehabilitation, and socio-economic protections for affected communities.

The current Inquiry will assess the humanitarian crisis in Stilfontein, the impact of Operation Vala Umgodi, and the broader policy and legal frameworks required to ensure accountability and protect human rights going forward.

LHR remains committed to supporting mining-affected communities and advocating for mining policies that place human rights and constitutional protections at their core.

For inquiries please contact:

Mametlwe Sebei: sebei@lhr.org.za | 012 320 2943

Mpho Makhubela: mpho@lhr.org.za | 012 320 2943

 

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