The Stilfontein Crisis Committee is mulling over charging government with murder after the bodies of more than 70 miners were brought to the surface this week.
These miners were part of a larger group that languished underground for more than two months after a stand-off with policing and mining authorities over illegal mining activities at disused mine shafts.
Speaking to Newzroom Afrika, the committee's chairperson, Christopher Rutledge, accused government of making comments while the miners were underground, indicating its intention of killing them.
"We are going to consider a number of routes, including charging individuals and the state with murder," he said.
He said the committee will also ask for an inquiry similar to the Life Esidimeni inquiry following the deaths of 141 mentally-challenged patients.
Rutledge said government had been provided with information about the miners and the conditions they were in, while underground.
"Government was provided with information that the miners in shaft 11 had no access to exit the mine.
Speaking to Newzroom Afrika, he said the only other exit was through shaft 10, and this where bodies of dead miners lay.
Rutledge explained that the exit through shaft 10 was dangerous as the structure itself was compromised.
"It has rusty, rickety iron poles that people have to climb and if you lose your footing while climbing up almost two kilometres, you will fall down, and it is very unlikely that you will survive and be recovered. That was the one opportunity in our view that was unreasonable to expect people to exit the mine," he said.
According to Rutledge, government was provided with clear information on the underground conditions and those trapped in shaft 11 were unable to exit without assistance.
Moving forward, he said the commission will also look at seeking constitutional damages as this action was a violation of rights.
According to police, 246 illegal miners have been rescued from the North West mine.
The operation was undertaken by different specialists health-care professionals led by acting Deputy Director General for Hospitals and Clinical Support, Agisanang Portia Tlou, Chief Director for Hospitals and Clinical Support Services Zenzo Ndabula, and Chief Director for Dr. Kenneth Kaunda district, Phil Maboe.
National police spokesperson, Colonel Athlenda Mathe, said nine illegal miners had been taken for medical check-ups while the rest were taken in police custody.
The illegal miners are from; Mozambique, Lesotho, Zimbabwe with at least five being South African.
The miners and alleged illegal mining kingpins are expected to appear in court on Friday.
seanne.rall@iol.co.za
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