Action SA says in a statement that police had told lawyers of the group camping outside the Lily Mine that a docket of the prime suspect Solomon Kaizer Gwebu had been lost and later said it had been found.
ActionSA is now considering writing to the Provincial Police Commissioner demanding an investigation into the matter.
Solomon Kaizer Gwebu and five others were arrested in June for allegedly burning down a campsite.
The lawyers have reportedly enquired about the case after Gwebu failed to appear in court last week where his bail was revoked.
It is reported that Gwebu is now threatening some of the victims. Yvonne Mnisi, Solomon Nyirenda and Pretty Nkambule were trapped underground when the mine caved-in, five years ago.
The former workers and families have been camping outside the mine for more than two years hoping for assistance.
VIDEO: Three bodies of Lily Mine workers still not retrieved