‘Zuma has no reason to delay Marikana report’

Mpofu argued that a month would have been enough time for Zuma to study the report, but that three months to do so was irrational

JOHANNESBURG: President Jacob Zuma is keeping the report of findings into the 2012 Marikana massacre secret for no valid reason, the high court in Pretoria heard yesterday.

This is according to advocate Dali Mpofu, who is representing the miners injured and arrested during the tragedy.

“There’s no justification that’s been given as to why we can’t have it now, except ‘I’m busy, don’t rush me’,” Mpofu said during the urgent application of his clients.

Miner Mzoxolo Magidiwana, on behalf of the other around 300 injured and arrested miners and the Association of Mineworkers and Construction Union (Amcu), submitted the application last week demanding that Zuma release the report within 24 hours of the application being heard.

Mpofu argued that a month would have been enough time for Zuma to study the report, but that three months to do so was irrational.

The report was submitted to Zuma on March 31 by the Farlam Commission of Inquiry, which was set up to investigate the deaths of 34 miners at the hands of police at Lonmin’s Marikana mine on August 16, 2012.

Ten people, including miners, security guards and police officers, were killed in the preceding week.

Zuma would still be able to study the report and decide on a course of action after its release, Mpofu said.

“Whatever the political implications of the report are, they are not going to go away, they’re there.”

Mpofu also said that the report should have been released to the president and public simultaneously, as was done for the Truth and Reconciliation Commission’s report.

But Zuma’s legal representative, Hilton Epstein, said that the miners’ application could not be regarded as urgent because the president had already committed to release the report by the end of the month.

“It will be a political blunder if the president releases the report without carefully considering the political implications, therefore it is rational,” Epstein argued.

He said Zuma was unable to dedicate all his time to studying the report as he had other responsibilities, which was “a perfectly valid, understandable reason” for not releasing the report immediately.

During proceedings, Epstein confirmed that the president was willing to hand over the report on June 30.

Epstein made this announcement after advocate Dumisa Ntsebeza said his clients – the families of the deceased miners – needed to be given a set release date so that they could prepare themselves emotionally.

“We are talking about families, who from day one… saw image upon image of their loved ones being gunned down by machinegun fire, by weapons intended for war,” Ntsebeza said.

Judge Neil Tuchten then granted an adjournment to allow for Epstein to receive instructions from the Presidency. “It will be released on or by June 30,” Epstein said after the adjournment.

He added that the date could be set for June 30 to make it easier for those affected by the massacre to prepare sufficiently for its release. Mpofu, however, was not willing to accept this undertaking by the president and said the relief his clients sought still stood.

The three parties did, however, agree that the Presidency should issue a 48-hour warning before the release of the findings.

During proceedings, the courtroom was completely packed with miners, families of mineworkers, Lonmin employees and Amcu members who sat in the public gallery, on the floor and lined the walls.

During the tea break, posters were held up in the courtroom saying “Justice delayed is justice denied” and “Release the Marikana report now”.

At the end of proceedings, a small group of miners danced, sang and marched in the street.

The judge reserved judgment.