R1.1bn compensation for Marikana shooting victims

COMPENSATION for the victims and families of the Marikana shootings is set to cost the state R1.1-billion.

Updating the police portfolio committee on the progress in implementing the Farlam Commission findings, SAPS official Nashee Sewperdsadh said the police were taking a “conciliatory approach” and were trying to reach settlements and avoid lengthy and costly legal battles.

She said claims included families who lost support when their loved ones were killed, those injured, and unlawful arrest claims.

The total of R1.1-billion is made up of 652 claims:

● Six claims for injuries sustained as a result of police assault or arrest valued at R19.8-million;

● 285 claims for wrongful assault, arrest, detention and malicious prosecution valued at R870-million. Sewperdsadh said that police would defend “certain” unlawful arrest claims. The SAPS legal counsel were preparing settlement offers for 275 of the claims, but were still awaiting proof of detention from the attorneys so as to compare with police cell registers from the time;

● 36 claims for injuries as a result of shootings valued at approximately R100-million; and

● 325 claims for loss of support as a result of the death of a loved one valued at R179-million.

Sewperdsadh said the SAPS had offered to pay for the use of medical experts so that medical claims could be settled.

Police Minister Nathi Nhleko said he did not see the payment for medical experts by SAPS becoming a “precedent” in future claims against SAPS but said that the experts would help determine the “nature and extent of injuries and inform the quantum to be arrived at in terms of claiming”.

He said it was difficult to tell when the claims would all be settled as they relied on legal processes to be completed.

“The R1.1-billion presented here is an amount linked to a certain number of individuals, loss of support, injuries and of course fatalities.

“We can do the wailing about how this shouldn’t have happened,” he said.

“We can do that, but what is the value add? We should instead be firm in our resolve that this never happens again and we should derive definite lessons from it,” Nhleko said. — TMG