Payment of over R170m to Marikana victims ‘a small token to the bigger problem’

There is still a feeling of justice denied to the victims and families of the tragic Marikana massacre, which cost the lives of 34 miners, days before the 10th anniversary of the incident.

Solicitor-General Fhedzisani Pandelani, from the department of justice and constitutional development, gave an update on progress made on Marikana-related litigation yesterday.

“Forty-eight matters are remaining but none were due to a loss of support. All of those matters were dealt with in August 2021,” he said.

Pandelani said of the 48 matters referred to personal injuries and those sent for medical evaluation, of which half have been settled. He added other matters were undergoing discussions in court to settle before the end of this month.

“We have been engaging with counterparts, attorneys of those injured and the claims of malicious prosecution. We could be in a position to resolve all the matters within this month,” he said.

“Regrettably, the matter has gone this far and owing to factors such as there was never any policies applicability in the state which will compel the state to embark on any settlement of matters, being arbitration or mediation,” he said.

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Pandelani said matters such as service delivery protests should not be delayed but rather dealt with at the earliest opportunity.

“Yes, I think it’s comfortable to say justice has been done to reparations relating to legislation in matters to extend that those matters served under the space of the state attorney,” he said.

Professor at the political science department of the Stellenbosch University, Amanda Gouws, said the Marikana massacre compromised President Cyril Ramaphosa. Gouws said Ramaphosa’s detractors used the Marikana incident to discredit him.

“It remains an issue because the victims’ relatives never got restorative justice like being paid for their loss,” she added.

Rural criminologist at the department of criminology and criminal justice at the University of Limpopo, Dr Witness Maluleke, said the Marikana anniversary was an insult to the lost souls. Maluleke said a mere taking of responsibility remained a farfetched dream.

“The payment of over R170 million to these victims is a small token to the bigger problem. This is a serious continuing misery and pain. The heavily commented issues relating to social justice accessibility, impartiality and fairness remained ineffective as the 300 survivors are still waiting for financial compensation,” he said.

Maluleke said the 10th anniversary brought a cloud of no confidence towards all relevant stakeholders to establish what exactly happened on the said day and find suitable ways to accommodate affected indirect and direct victims, including families and survivors.

“The absence of the combined adequate and accessible justice and supporting systems, to offer adequate justice, emotional, psychological and financial burdens [is] urgently sought. In this pursuit, peace and harmony on unsolved cases should be addressed quickly and the encountered difficulties call for active multiagency approaches thereof,” he said.

Maluleke said justice was not served. “Never, we still have a long way to go, this day is a reminder of the pain and misery experienced, coupled with failures of our national government,” he said.

– marizkac@citizen.co.za