Marikana families left in the dark despite President’s assurances to the media

9 October 2015

The Minister of Police has indicated that he intends to oppose the damages claims lodged on behalf of the families of the miners killed at Marikana in August 2012. The families filed claims in August 2015 against the Minister for compensation and a formal apology for the loss of their loved ones.

On 7 September 2015, the Minister asked for one month to consider and respond to the families’ claims. The families agreed to the Minister’s request on the basis that he intended to bring forward a proposal to settle the claims. That period expired on 7 October 2015. No proposal has yet been received.

The President has issued a statement saying that the government intends to engage with the legal representatives of the families and other claimants, and that he intends to propose an alternative dispute resolution process to expedite the processing of all claims.

However, despite the Presidency’s extensive comments to the media, neither the families nor their legal representatives have been engaged on the proposals the President has disclosed to the media. This is despite the fact that the families’ legal representatives have made exhaustive attempts to contact the government’s lawyers and to obtain any relevant information.

It is not appropriate for the President to announce the government’s approach to the families’ claims to the media while ignoring the families themselves. Nor is it appropriate for the government to continue to engage the media on its proposals while failing to respond – at all – to the families’ attempts to obtain information on its settlement proposals, before finally given notice of the its intention to oppose the families’ claims.

The President’s and the Minister’s conduct continues the unfortunate pattern of disrespect which has characterised the government’s attitude to the families since August 2012. Almost two months have passed since the families’ claims were filed. However they have not been contacted, and only heard of a possible response to their claims through the media. The families have now waited for more than three years for justice for the killing of their loved ones. They continue to live in conditions of grinding poverty, and the need for compensation is urgent.

Despite promising the settle the matter, the Minister has now indicated that he intends to oppose it.

If the government’s intention is genuinely to settle the claims, then we call on the Presidency, and/or the Minister, to contact the families’ legal representatives and make any settlement proposals through the appropriate channels.

Statement issued by Kathleen Hardy, SERI senior attorney, 9 October 2015