State’s pledge to settle Marikana claims a ‘shameful public relations’ stunt, says claimants’ attorney

Ten years after the August 2012 Marikana massacre, counsel for the victims Andries Nkome said they are still demanding settlements for some of their clients. Picture: Matthews Baloyi/ANA Pictures

Ten years after the August 2012 Marikana massacre, counsel for the victims Andries Nkome said they are still demanding settlements for some of their clients. Picture: Matthews Baloyi/ANA Pictures

Published Aug 11, 2022

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Pretoria – The government’s publicised pledge to finalise outstanding claims emanating from the August 2012 Marikana massacre, on the eve of the 10-year anniversary, was a shameful public relations exercise, according to counsel for the victims.

At a press briefing held in Pretoria on Wednesday, Solicitor-General from the Department of Justice and Constitutional Development, Fhedzisani Pandelani promised that all claims relating to the August 2012 Marikana shootings would be settled this month.

Attorney for the majority of the Marikana claimants, Andries Nkome of Nkome Incorporated Attorneys told broadcaster Newzroom Afrika that promises were just a show, ahead of another sombre commemoration.

“The Solicitor-General stated that what they were doing yesterday was a PR exercise. It is more shameful that it happens 10 years on, after the massacre. We are very doubtful that all the things will be settled by the end of the month,” said Nkome who has represented the victims for almost a decade.

“In as much as we have settled about 50%, there is still the other 50% out of which we feel that there is no reasonable offer that is made by the State. So we really doubt that it (the settlement) will be done by the end of the month.”

Nkome said counsel for the victims issued summons in 2015 after realising that the government “was not willing to seek and sit down with us and say let us settle these matters”.

“It was then that we had to issue summons, we had to force court processes,” he said.

On Wednesday, Pandelani said there are still 48 matters relating to the Marikana massacre that are unresolved and before the courts. He then said those matters would be settled by the end of August.

“The 48 matters I am relating to now would relate to matters where there were personal injuries. People had to be sent for medical examination, actuarial calculations and so on.

“I am also to announce today that all of those matters were settled by the High Court in Pretoria and the directive was that all of those matters should be settled or, alternatively, they will have to be served before court before the end of August this year,” Pandelani said.

“Without individualising those matters, half of those matters have already been settled. The other matters, as we sit here now, are still undergoing discussions between state representatives and representatives of claimants,” he said.

Pandelani said it was “regrettable” that they are still deliberating on matters that occurred 10 years ago.

On August 16, 2021, police shot and killed 34 striking workers and seriously wounded at least 78 others in the North West. In the weeks leading to August 12, at least 10 people including police officers and security guards had been killed during a violent wage dispute.

The massacre made international headlines, with President Cyril Ramaphosa, who was at the time ANC’s deputy president and a Lonmin board member sucked into the centre of the saga.

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