North West acting police commissioner, Maj-Gen Patrick Asaneng has denied claims that he wanted illegal miners who were trapped underground in Stilfontein to starve.

Asaneng was testifying during the second leg of the national inquiry into the policy framework around artisanal mining, its impact on the human rights of surrounding communities and the scope and tactics employed in Operation Vala Umgodi.

“At no point was the primary objective of operation Umgodi to starve the miners. At no stage did I say the tactic was to starve the miners. I deny that commissioners,” he said on Monday.

National police commissioner Gen Fannie Masemola also testified, stating that sufficient food was allowed to be sent underground during the operation.

He said police were initially informed that about 4,500 people were trapped underground, but only 1,800 miners resurfaced during the operation.

However, evidence leader advocate Afika Nqeto pointed to contradictions in the police’s version of events.

He said a judge had to intervene and instruct the police not to prevent people from offering humanitarian aid.

That decision was taken without consideration of stakeholders, without consideration of the vulnerable groups, which are children and those forced underground as hostages.

—  Advocate Afika Nqeto, evidence leader

Nqeto said the reality was that, had food not been stopped from being sent underground, an application and a subsequent court order confirming that position would not have been granted.

“I am not satisfied with the response from SAPS because it does not take into account the factual matrix and … SAPS unilaterally took the decision to limit provisions.

“That decision was taken without consideration of stakeholders, without consideration of the vulnerable groups, which are children and those forced underground as hostages,” he said.

Asaneng said that at the start of the operation, police were only aware that illegal mining was taking place, but did not know how many miners were underground, their nationality, or their ages.

It was only after some miners resurfaced that police became aware that some of those underground were young children.

He said this was when the verification process with the department of home affairs began.

“So, at no point was the decision to restrict or limit the supplies or tools of trade taken with the knowledge that there are minors or there are weak people,” he said.

In December 2023, a court order compelled the police minister to allow community members, charitable organisations and other interested parties, in an orderly manner, to provide humanitarian aid — including water, food and medication to the zama-zamas trapped underground in Stilfontein.

However, police limited the quantity of food and medication.

This prompted Mining Affected Communities United in Action to obtain a further order declaring that the minister was in breach of the interim order.

TimesLIVE previously reported that Masemola had said providing food and other necessities to illegal miners underground would defeat the purpose of Operation Vala Umgodi and encourage the continuation of illicit mining activities.

Masemola made the remarks after visiting Sabie in Mpumalanga and Stilfontein.