Lawyers for Human Rights (LHR) has maintained its criticism towards the government regarding its handling of the Operation Vala Umgodi crackdown on illegal miners in Stilfontein, North West last year, accusing authorities of creating a humanitarian crisis that led to deaths of zama zamas.
LHR’s comments comes as the South African Human Rights Commission’s (SAHRC) commenced with the second leg of the National Inquiry into the Policy Framework Governing Artisanal Mining in Parktown, Johannesburg.
The inquiry will also probe its impact on surrounding communities, and the scope and methods used in Operation Vala Umgodi.
The inquiry on Monday received evidence and presentations from the acting Police Minister Professor Firoz Cachalia, National Police Commissioner General Fannie Masemola, the then North West Provincial Acting Commissioner Major General Patrick Asaneng and North West Community Safety and Transport Management Department.
Speaking on YOU FM Newshour, the LHR’s Mametlwe Sebei described the inquiry as a crucial step towards accountability for an operation that resulted in the deaths of 87 people and left 280 survivors traumatised.
“There was no staircase for miners or a lift to go in and out without any assistance from the surface by way of professional rescue equipment or by way of the pulling system.
But also, without any of that they could not get the supply of water, medication and food which were essential,” said Sebei.
He accused the police of negligence and failure to rescue trapped miners timely.
“The police did not only deprive these miners’ adequate food, water and medication but as well destroyed their pulling system and delayed procuring professional rescue system.
They effectively condemned them to death and all of that was foreseeable as it eventually resulted in the deaths of miners and that meet the threshold for a definition of a murder and on this case that is defined as a massacre,” added Sebei.
LHR has lambasted the operation, which was 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.
It underscored the urgent need for a rights-based approach to address the socio-economic, health, and environmental challenges faced by mining-affected communities,” explained Sebei.
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.”
The organisation says it is also a critical step in strengthening constitutional democracy by promoting accountability and transparency in the wake of the operation.
“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,” remarked Sebei.
Meanwhile, Mineral and Petroleum Resources and Social Development Ministers Gwede Mantashe and Sisisi Tolashe respectively are expected to give evidence at the inquiry on Tuesday.
