Weekend Argus (Saturday Edition)
Marikana families still financially and emotionally frustrated
THE 2012 Marikana massacre in North West Province, in which 34 miners were killed by the police, remains an unhealed scar in post democratic South Africa. Two of the most important unresolved issues involve accountability and reparations.
Organisations such as Amnesty International have long called on the government to ensure that all those suspected of criminal responsibility for the killings are prosecuted.
This is about more than justice. It speaks to the heart of the government’s credibility and legitimacy.
As academic and political analyst William Gumede has argued, if democratic institutions aren’t responsive and accountable, ordinary people will increasingly look to new ones, including populist groupings.
Alternatively, they will seek answers in violence.
Accountability for crimes committed by the state is crucial for upholding the rule of law and restoring trust in government.
President Cyril Ramaphosa told Parliament in February, “The Marikana tragedy stands out as the darkest moment in the life of our young democracy.”
And in his maiden State of the Nation Address he promised a new spirit of accountability on his watch.
It’s vital for his credibility that these words be followed by action. Initiating prosecutions would show that he is serious about his intention to strengthen accountability.
Although a settlement of
R100 million was recently reached with the families, it can be argued much more remains to be compensated. The protracted negotiations have left families financially and emotionally frustrated.
In the six years since the massacre, the findings of the 2015 Farlam Commission of Inquiry can be described as the main form of accountability. The commission laid the blame squarely at the feet of the South African police.
Six senior police officials now face charges, among them murder, attempted murder, and obstructing the ends of justice.
The initiation of the prosecutions has been positively received by South African civil society, as well as by international groups.
The newly appointed acting national head of public prosecutions should move to prioritise more people responsible for the massacre.
There’s no doubt the R100m settlement for victims’ families is a positive development.
But families of the victims have said reparations should include a formal apology from the police minister, criminal charges against the police and financial compensation.
In 2015 the families of 37 mine workers filed a civil claim against then police minister Nathi Nhleko. At the time, people expressed hope that the minister would consider an out of court settlement.
Two years later the government concluded a loss-of-support settlement of R3.9m with the family of one of those killed in the massacre. But to date, most of the settlement agreements have yet to be finalised.
What next?
There’s a great deal at stake for the president. Though he was exonerated by the Farlam Commission, he was personally implicated in the massacre given his role at the time as a nonexecutive director at Lonmin’s platinum mines. He wrote a series of emails in which he called for stronger action from government to bring the strike to an end.
Ramaphosa has been repeatedly attacked by opposition parties, most notably the EFF, for his stance during the strike. But he does finally seem to be acknowledging the ongoing exploitation of miners.
It’s hoped this will lead to policies that won’t only compensate the families of Marikana’s victims, but also result in more humane living standards for mine workers.
Mia Swart is a research director, Human Sciences Research Council. This article first appeared on The Conversation.