The magistrate presiding over the inquest into the 2016 Lily Mine tragedy that left three families desperate for answers about their loved ones, has laid down the law, explaining how the matter will proceed.
The proceedings are held in the Nelspruit Magistrate's Court and are aimed at determining what happened to Pretty Nkambule, Yvonne Mnisi and Solomon Nyirenda and whether anyone can be held responsible for their deaths.
Although their bodies are yet to be recovered after a shipping container they occupied fell into a sinkhole on 15 February 2016, they have been presumed dead.
At the inquest on Tuesday, the public gallery was divided into two sections - one section occupied by their relatives and the other section occupied by mine officials.
The family members had sombre expressions and kept their eyes glued on the presiding officer, who gave details on how the matter would proceed.
Their neighbours in the public gallery, the mining officials, observed the proceedings quietly.
Next to Magistrate Annemarie van der Merwe were two assessors - seasoned mining engineers who are expected to help Van der Merwe arrive at a conclusion.
"The two assessors will assist the court with factual determinations. The decision of the majority on the facts shall be a decisive finding. Proceedings will be handed to the mine and its business rescue practitioners.
"Witnesses have been subpoenaed to testify before the court. I have received an application to receive evidence of a certain Mr X whose identity will not be disclosed. The true identity of Mr X is known to the court, Van der Merwe said.
She added: The witness will be in danger should he be identified. The court orders that his identity must be kept secret.
Van der Merwe said the inquest was not a criminal trial and would not be treated like one.
"Witnesses will testify on statements that were given following the tragedy. They will be allowed to comment on their statements. Witnesses will be allowed to add where they would like to add.
"The prosecutor will lead evidence of witnesses. In instances where witnesses testify on the alleged deceased families, a lawyer representing the families will be allowed to ask questions," Van der Merwe said.
The magistrate said the court has been presented with a docket and some statements, including documents from the Department of Mineral Resources.
"The proceedings will retain the status quo. At the end...I will deal with the admissibility of witnesses who could not be traced. All statements handed to me are provisionally admitted.
"The purpose of this inquest is not only to determine the deaths in question but if a person was responsible for the death," Van Der Merwe said.
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