LONMIN PLAYING DIRTY LAWYERS
Miners can t get time off
PLATINUM mining giant Lonmin is derailing the damages claims against victims and families of the 2012 Marikana massacre.
Lawyers for those injured and arrested during the August 16 2012 police shootings said the company, where Deputy President Cyril Ramaphosa was a shareholder, is severely prejudicing their clients by not giving them time off to consult with them.
“They ’ re ensuring that their damages claims are derailed,” said Andries Nkome, lawyer for the victims and Association of Mineworkers and Construction Union (Amcu).
Sowetan has seen e-mail correspondence alluding to Lonmin ’ s refusal to allow its workers to consult their lawyers.
“We cannot accede to each one [request] as the business still has to run efficiently, particularly in the current difficult economic environment,” reads an e-mail sent by the company ’ s head of legal department Peter McElligott.
The e-mail was sent to the Socio-Economic Rights Institute of SA (Seri-SA) on May 13, the day before the Constitutional Court heard the case brought against Lonmin mineworker Mzoxolo Magidiwana.
The case was an appeal by Legal Aid SA against a North Gauteng High Court decision forcing it to pay the legal fees of Magidiwana who was a witness in the Marikana Commission of Inquiry.
He was shot seven times in the massacre in which police shot and killed 34 of his colleagues.
“We therefore do not agree to the release of our employees to attend at the Constitutional Court, ” said McElligott in the e-mail to Seri-SA.
McElligott promised to allow the affected employees to attend the release of the Marikana report, which was handed to President Jacob Zuma at the end of March.
According to the e-mail, McElligott also demanded a detailed motivation from the lawyers for the mineworkers ’ release so that the company can make “an informed decision ”.
Seri-SA had wanted to consult with the mineworkers for two days.
But Lonmin ’ s Sue Vey said McElligott ’ s e-mail had nothing to do with lawyers consulting their clients who are the company ’ s employees but related to the Constitutional Court case.
The report has also been subject to litigation, with Amcu and Magidiwana unsuccessful in asking the North Gauteng High Court to force Zuma to release it.
Nkome said his clients were preparing to lodge damages claims but were hamstrung by the failure to release the report, which Zuma has undertaken to make public by the end of this month.
“Their interests are being violated,” Nkome said.
“Their interests are being violated