South Africa Government

08/17/2023 | Press release | Distributed by Public on 08/18/2023 02:30

Government on Marikana related litigation

Government Provides Comprehensive Update on Marikana Related Litigation: A Journey towards Justice and Healing

On this solemn occasion of the Marikana tragedy commemoration, the Government of the Republic of South Africa takes a significant stride in transparency and accountability by presenting an extensive update on the progress of Marikana-related litigation. This comprehensive update reflects our commitment to justice and healing, emphasizing our dedication to addressing the intricate complexities surrounding this tragic event and its aftermath.

Background and Purpose:
The Marikana tragedy of August 16, 2012, has indelibly marked our nation's memory, serving as a poignant reminder of the profound impact of social, economic, and political challenges. Following this heart-wrenching incident, various legal claims sought to address the suffered losses. The Government remains steadfast in navigating this intricate landscape with principles of justice, accountability, and compassion as our guiding lights.

Status of Litigation and Comprehensive Claims
Over time, committed legal representatives have fervently pursued justice on behalf of the affected families. The Government proactively engaged with these representatives, recognizing the necessity of addressing the filed claims. These claims encompass a broad spectrum, including loss of support, medical expenses, general damages, and the introduction of the concept of Constitutional Damages, which emerged later in the process.

  1. Wits Law Clinic: A claim for loss of support by Ledingoane dependents has been settled for R3, 995,121.00, providing solace to those enduring the anguish of loss.
  2. Socio Economic Right Institute of South Africa (SERI): Acknowledging the intricacies of claims managed by SERI, it is noted that loss of support claims for 34 families have been settled, amounting to R71, 230,491.00. The novel concept of Constitutional Damages, inspired by broader societal concerns, introduces an additional layer of complexity, necessitating rigorous legal examination.
  3. Maluleke Msimang Attorneys: Legal claims on behalf of plaintiffs have been resolved, extending reparatory measures for 15 plaintiffs encompassing injuries, arrests, and detentions, achieving a comprehensive settlement of R77,034,643.70.
  4. Tlhatlha Attorneys: Amidst a backdrop of resolving the claims of 17 plaintiffs subjected to assault and gunshots, progress is underway, with certain claims still undergoing verification and examination, amounting to a settlement of R51, 803,863.66.
  5. Nkome Attorneys: Compensation totaling R102, 305,000.00 has been granted to 264 plaintiffs who experienced arrest and detention, with ongoing efforts for the remaining claims.

Quantum Paid and Residual Issues
A total sum of R330, 445,630.37 has been disbursed to date, affirming the Government's commitment to addressing the grievances of affected families. Acknowledging lingering residual issues, the emergence of Constitutional Damages-a significant development post- litigation commencement-introduces intricate legal considerations. Our State Attorneys, guided by their instructions, have conscientiously engaged with this evolving legal argument.

Path Forward: Towards Justice and Healing
The Marikana tragedy serves as a stark reminder of the need for comprehensive healing and shared commitment to justice. Navigating the complexities of litigation, we earnestly invite all stakeholders, including the mining industry, to collaboratively foster understanding, empathy, and reconciliation. Healing and justice are intertwined, and a victim-centered approach remains paramount.

Conclusion
In culmination, remarkable strides have been realized in orchestrating and harmonizing Marikana litigation. The resolution of numerous claims attests to our commitment to justice and due process. However, the introduction of "Constitutional Damages" introduces residual considerations, provoking contemplation at the crossroads of law and ethics. Navigating this intricate landscape, we remain dedicated to fairness, legal certainty, and established protocols.

Issued on behalf of the Office of the Solicitor-General by the Government Communication and Information System

For media inquiries, please contact:

Ms. Nomonde Mnukwa
Acting Government Spokesperson (GCIS)
Cell: 083 653 7485