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Fri May 24 12:13:08 SAST 2013

Marikana inquiry to have wide powers

GEORGE MATLALA, SIBUSISO NGALWA, SIBONGAKONKE SHOBA and SASHNI PATHER | 19 August, 2012 08:1634 Comments

THE Sunday Times can today reveal that the commission of inquiry to be appointed by President Jacob Zuma into this week's Marikana tragedy will be a judicial one.

Yesterday the government, trade unions and the mining sector - including Lonmin management - were locked in a meeting following violent scenes that left 44 dead at Lonmin's platinum mine in Rustenburg this week. This includes 34 striking miners shot dead by police on Thursday afternoon.

The meeting came amid fears of further labour-related unrest, while the government desperately seeks to restore investor confidence (see Business Times).

On Friday Zuma announced an inquiry, but did not specify the form it would take. The Sunday Times understands from Presidency officials that it will be a judicial inquiry.

This is important as the commission will have the power to subpoena witnesses and evidence. It will also mean that it may be headed by a judge, and its findings could be used for prosecution.

Zuma's spokesman, Mac Maharaj, would not confirm this. But he noted: "The first question is under what conditions in the law is he empowered to appoint a commission . if it's judicial, what are the requirements? The president had begun to entertain the commission of inquiry while he was in Maputo ... he has set in motion all the necessary legwork, investigating in law how to do it, terms of reference, what form it would be."

Former ANC Youth League president Julius Malema, meanwhile, yesterday received a hero's welcome from protesting workers at an open field in Wonderkop informal settlement outside Rustenburg near to where Thursday's tragedy occurred.

He was accompanied by former league secretary-general Sindiso Magaqa and axed spokesman Floyd Shivambu.

He urged the crowd: "Forward with R12000 forward!", a reference to the workers' wage demand .

"From today, when you are asked who is your president, 'I don't have a president'. The role of the president is to defend civilians. He failed to defend ordinary people. We don't have a president," he said.

"T he British are owning this mine. The British are making money out of this mine. But newspapers, TV and radio don't mention that Cyril Ramaphosa is also a shareholder in that mine. They don't mention it ... they eat with white people from Britain."

Malema did not mention that he had just returned from London where he held meetings with British business people.

He said workers had been killed because "there is a highly connected political figure in that mine".

"Workers have never been killed in such a way before ... there were killings among workers at Impala Platinum but they never brought R4 rifles to kill workers at Impala. Why? Because there is no Cyril Ramaphosa at Impala ... Cyril Ramaphosa is buying a buffalo worth R18-million at an auction. You asked him for R12000 ... he is refusing but he is buying a buffalo worth R18-million. Those are the type of leaders we have today ..."

He called on the Minister of Police, Nathi Mthethwa, to step down.

"The same thing with President Zuma. He must step down because when you were being killed, President Zuma was still in the country. He went to Mozambique leaving here when you were being killed ... they advised him that he has made a wrong decision. Go back. That is why he came back but he never cared about you," said Malema.

Lonmin board member and ANC leader Ramaphosa, meanwhile, has spoken out for the first time, calling the death of miners a tragedy that should have never happened.

"This is a tragedy of huge proportions. We should all be concerned that this happened. We should be saying to ourselves, 'This should never happen again'," he said.

Ramaphosa's Shanduka Resources owns a majority stake in Incwala Resources, Lonmin's black economic empowerment partner.

Ramaphosa, who is a non-executive director on Lonmin's board, defended the company's handling of the situation, saying its management had done what it could under "extremely difficult" circumstances.

"The CEO [Ian Farmer] as you know is ill. The chairman [Roger Phillimore] came down from London and started attending to the operations," he said.

"In my own view, having been on the ground, having seen what happened at Impala, and having noticed that we had a union that whipped up the emotions of people to demand three times their salary, I don't know what else could have been done," he said.

Ramaphosa cautioned against pointing fingers at anybody for the deaths, saying Zuma's commission of inquiry would uncover the reasons behind the tragedy.

"The president in his wisdom appointed this commission. All of us, rather than shift blame this way and that way, should wait until the commission issues a report. It is easy right now to throw blame around, but it is a complex issue. I am rather grateful that the president acted decisively by appointing this commission," he said.

Shanduka will contribute R2-million to the burial of the dead miners.

"I think it is important to do this even though some people might view it cynically," said Ramaphosa.

Ndaba Ntsele, president of the Black Business Council, condemned the killings, saying this was the return of the "death penalty".

"What happened there was a death sentence ... These guys were crying for a salary. Lonmin is an overseas company ... To kill our people for an overseas company is a disgrace," he said.

Ntsele said the police should have called business leaders to try to resolve the impasse.

"The black business leaders, Patrice [Motsepe], Cyril [Ramaphosa], Ndaba Ntsele ... should have been called. This thing needed all of us," he said.

Ntsele also hit out at Lonmin, saying its decision to assist with the funerals of the dead miners was cold comfort.

"The management of Lonmin were not there to negotiate with these people. They are using our people as pawns," he said.

He also rebuked Cosatu and National Union of Mineworkers (NUM) president Senzeni Zokwana for fleeing the angry workers and refusing to disembark from a police Nyala.

"Can you run away if your members call you out to come and address them? Why would you be afraid of people who voted for you. Even [Cosatu leader Zwelinzima] Vavi was not there," said Ntsele.

New details are emerging about the killings .

At yesterday's meeting, a high-ranking NUM official who did not want to be named said "shocking" pictures had been taken by Lonmin after the killing of six miners, two policemen and two security guards in the early days of the strike.

"What I saw will haunt me forever ... Some of the dead [had their] heads hacked and their tongues pulled out ... others had their eyes gouged and their lips chopped out," he said.

Franz Stehring, the divisional manager of the United Association of South Africa (Uasa), was also at the meeting and said his union had represented one of the two slain security guards.

He claimed a "third force" was operating at the mine. "It started out as union rivalry [between NUM and the new Association of Mineworkers and Construction Union, Amcu] but there is a third force operating there. The community has something to do with the violence. Rogue or criminal elements have definitely been playing a part. It's also interesting to note the absence of community leaders at this meeting ... . we need a truce from all stakeholders," Stehring said.

The meeting, at the Sunnyside Hotel in Parktown, Johannesburg, was headed by Mining Minister Susan Shabangu. Labour Minister Mildred Oliphant was also present as were about 60 delegates from the business and mining sector, the Chamber of Mines, organised labour and platinum producers, including Lonmin.

No Amcu representatives were there as it is not regarded as a registered union.

Shortly after the meeting began - an hour late - Shabangu asked that meetings be held separately with business and labour.

Gideon du Plessis from Solidarity, said three issues were raised in the meeting: the image of the mining industry internationally, labour issues and lasting solutions.

Zuma said the inquiry would "uncover the truth and facts" relating to this week's incidents: "We have asked relevant government departments including the provincial government to provide every possible assistance to the families during this painful and difficult period. The loss of life in this manner is unacceptable and we have to ensure that this never happens again."

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Marikana inquiry to have wide powers

For Commenters Consideration | Please stick to the subject matter

COMMENTS [34]

RSA.MommaCyndi

Posted 278 days ago
Avatar
From other articles today in the ST

"...the boer have killed their husbands."
Hells bells lady, my tribe has enough sins of their own. Why are you now blaming us for black cops shooting black rioters?

+++

"If they employ other people they won't be able to work either. We will stay here and kill them."
Well doesn't that just tell us how many options the cops had?

+++

..... then we have the Malema ranting. Met eish.
Avatar

mbongwamugabe

Posted 278 days ago
At least now they are killing each other than killing other because they are different from them.
Avatar

m1si2zi3nzo4

Posted 278 days ago
The "boer" mentality is a myth that will continue to be spurned, for as long as the body-politic is founded on myths like 'fighting for liberation" that never was. The state machinery was never neutral in the eyes of those who 'fought" for, and those against.

Malema uses the same tactics that were used by his party in cashing in on the 1976 uprising, which fomentend and fermented anger within an almost dead organisation. His rival, Zuma is using the same "pity" that the state uses to exonerate itself from its deed. A politician's pity cost nothing. Its fleeting, arises, and ends, at the sight of death. "The kindness it expresses creates ties of dependence. The feeble cling to their benefactors, without gaining strength", as Rousseau put it. "It is too uncertain and fluctuating to guide us in society" It is fleeting. lasting only as long as the sight of suffering is present. Then it goes away. It creates no bonds, and can be evoked as readily by an animal in pain, as by another human being" Calling for an commission of inquiry washes whatever lingering feeling the people may have in their minds. The gruesome pictures will be wiped away and stability, and operations will resume. The focus will shift to the "inquiry", and all will be just fine.
Avatar

The-Monq

Posted 278 days ago
No matter what it takes, please go home and try to find a human in you.
All the people, black, white, exotic and all, are doing everyday activity to do what the central rulership require, and it is only fair that one who feels disadvantaged to voice their pains, hence, miners were protesting for low income- but the very government that they heed to increase its revenue goes and betrays people in this manner.
It's no human element for you to blame the powerless...
Avatar

RSA.MommaCyndi

Posted 277 days ago
I have absolutely no problem with people standing up for themselves or voicing their anger. I do, however, have a big problem with people who think that their right to protest over-rides another person's right to life. Hacking people to death is hardly a 'right' and threatening murder is not something that should be encouraged.

m1si2zi3nzo4

Posted 278 days ago
Avatar
Please stop! This political posturing in the face of death by police is very low, even by the standard of the ANC's pre-Mangaung. The formation of SACCOLA, which led to the birth of COSATU, was preceded by wild-cat strikes mainly for wages. Pro-state unions were not used to striking because they felt part of the state make-up. Thereafter, there was a general agreement that the presence of police in strike situation, was provocative, and private security personnel were used even in soccer matches. Now a former trade union founder is a major shareholder of a company where his former union is organised, as well as part of the state machinery that uses police against its rival union. This is in midst of another massacre of children's intellect by the very state that gets paid to ensure their future. It is also in the midst of yet another "investigation" on top of other inquiries, with yet another Minister likely to escape the chop, for incompetence, despite the perpetual damage to the future brain. We get screwed, and keep coming back for more.
Avatar

ChickenRunner

Posted 277 days ago
Let's have a "Bring Your Weapon" to work day....

mbongwamugabe

Posted 278 days ago
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zuma and his cabinet failed the state again,well done to those who voted zuma in high office.

OBigOneKenobi

Posted 278 days ago
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Why are Malema and his retarded sidekick Floyd still allowed to address the public? We really don't need dumb and dumber pushing their aspirations onto the already misinformed.

"Some of the dead [had their] heads hacked and their tongues pulled out ... others had their eyes gouged and their lips chopped out"

Well, if that's not grounds for use of deadly force, then I don't know what is. Come on guys, what happened is terrible, but do yourselves a favour - if you don't want to get shot, don't behave in a manner which will compel others to shoot you.
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mbongwamugabe

Posted 278 days ago
Free country baba if you dont get that into you empty skull, please do not waste our time here.
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OBigOneKenobi

Posted 278 days ago
Sticks and stones, love.
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i_stub_born

Posted 277 days ago
Because the Purple Fatso is a demagogue spawn by the ANC:

"A demagogue or rabble-rouser is a political ex)( leader who appeals to the emotions, prejudices, and ignorance of the poorer and less-educated classes in order to gain power."

The-Monq

Posted 278 days ago
Avatar
This resound the words of Immortal Technique (you will remember him long after his days)...
The man said that, the biggest fools are a country's citizenship, and them, the very one that pay tax and still allow for the powers they approved into power to do away with them even though they gave them the seats they exercising their powers on. For what it is, the government or president do everything in the way they do NOT because they care about people, they will employ soldiers abd police NOT because they do it for the benefit of the community or the sovereign, but only to protect an investment- there's nothing that the government really do, doing it for the people.
Avatar

m1si2zi3nzo4

Posted 278 days ago
The elite will pontificate as they are wont. The fundamental issue is that the modern nation state, is a creation of a few political elite, at the behest of capital. As for the trade unions, Lenin himself described them as a bourgeoisie, which he himself was, because humans tend towards capitalism by nature. Only the threat of losing power mediates rampant state corruption. The nation state can only exists for as long as it fulfills its duty to capital-which is to create conditions for it to flourish, which, unfortunately, demands mass production madness, at the expense of the worker. These conditions are created by extorting taxes from the toiling masses, whilst reducing their employability through use of technology (which they create, incidentally). Only true democracy replaces exceedingly corrupt nation state with another breed of corruption. The point is that not only one crop gets entitled to perpetual corruption. When it gets out of hand, a new group replaces it, until it gets comfortable and arrogant in corruption.

Francis

Posted 278 days ago
Avatar
@ The-Monq and mbongwamugabe,
I sincerely hope that the Big-One-Kenobi and ilk who profiting from the "Powers" in this crying country understand your words.
These morons will surely not do dangerous, unhealthy underground work for R 4000/month and part of these hard earned moneys taken away by criminal anc unions and government.

It is time that the "worker" is replacing the "suppressed" from before 1994. The looting and abuse of the population have to be stopped.

Avatar

OBigOneKenobi

Posted 278 days ago
I feel absolutely no compulsion to defend myself from the likes of you.
Avatar

RSA.MommaCyndi

Posted 277 days ago
Francis,

I presume you have a pension plan built into your employment or an insurance policy? Would that pension plan or insurance possibly be handled by Old Mutual? If so, then you are one of the 'powers' that are benefiting from Lonmin Mines.

It will come as a DREADFUL shock to you - please sit down so you don't fall - but the newspapers don't always give the whole story. Rock drillers don't earn R4 grand a month. They earn more than that.
Avatar

i_stub_born

Posted 277 days ago
"".....Is it true that they are only paid R4,500? we ask. He goes into his shack and re-emerges with a payslip. His basic pay for the month is R4,365.90 – add to that a R1,850 housing allowance, benefits and some bonus pay and his gross pay is around R8,124.80. After his union fees, unemployment insurance, other fund contributions and tax, his take-home pay is just over R5,000. This is in a month in which he did quite a bit of overtime, Xolani says....."""Daily Maverick
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RSA.MommaCyndi

Posted 277 days ago
That adds up to an awful lot of deductions.

I am not sure about the platinum industry but I am reliably told that an entry level for rock drillers in the gold industry is R7 grand. Safety bonuses, performance bonuses, housing allowances, insurance and medical etc take it up to about an average of R14 grand a month for experienced drillers.

l984

Posted 278 days ago
Avatar
"The British are owning this mine. The British are making money out of this mine. But newspapers, TV and radio don't mention that Cyril Ramaphosa is also a shareholder in that mine. They don't mention it ... they eat with white people from Britain."
Malema did not mention that he had just returned from London where he held meetings with British business people."

Ramaphosa, who is a non-executive director on Lonmin's board, defended the company's handling of the situation, saying its management had done what it could under "extremely difficult" circumstances.
"In my own view, having been on the ground, having seen what happened at Impala, and having noticed that we had a union that whipped up the emotions of people to demand three times their salary, I don't know what else could have been done,"

----------------

It seems that those hellbent on continuing their ride on the back of populism, hypocrisy and demagogy just won't give it a rest and won't stop until this country burns in the flames of a civil war between blacks and whites, or between haves and have-nots - that if Malema and his sidekicks or the unions have it their way. They are certainly not the ones to offer any reasonable solutions - but can surely create and escalate a conflict or antagonise until a boiling point is reached. The state of law, democracy and order will then remain a distant memory of the past - and it will be every man for himself and the only law that will apply will be the law of the jungle. Then every labour dispute will be resolved with threats, pangas and machetes or bullets, and will eventually escalate to a situation where one, both, or all parties involved will end up being murdered. Of course it would be wonderful to strike for a double or triple wages - unfortunately there are 2 sides in every dispute and even if such goals are forcefully achieved or the country's business confidence is finally run into the ground - who in their right mind would want to own, invest in or run ANY business under such circumstances? In a situation involving a weak leadership and governance, rulig party crippled by ideological crisis, internal conflicts and corruption, crumbling state infrastructure and institutions or services, global and domestic recession - all this seems a very real and possible further development. Unfortunately those tempted into pushing the country over the edge have no idea what they are doing, or what happens on Day 1 AFTER their destructive aim has been finally achieved.
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m1si2zi3nzo4

Posted 277 days ago
This is crass. Even by your standards. Just because no one can resign from your elite, including the NEC Gestapo, a scapegoat must be found. Even Pik Botha managed to voice dissent against apartheid, when it became a blatant killing machine. And who else other than Malema, to blame, whom the media has turned into a monster. The next thing will be to 'investigate' him for instigating this. Apartheid did not always blame Mandela for 1976 uprising, but isolated him from people. The state sent armed police to a volatile situation, where some of its members had already been killed. This after NUM - Ramaphosa's creation - had stated clearly that they cannot "negotiate with people who invaded" their house - read "state" and capital. The fact is a highest, ever, number of people, ,in the history of oppression number of workers were mowed down in cold blood, in apparent 'revenge' for their colleagues. They have been told to 'shoot to kill' anyone who lifts a gun in their sight. Even the coldest heart must learn to think about the orphans left by these workers, whose choice was to stay in the mountain, where they were followed and maimed in the coldest way.
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l984

Posted 277 days ago
@ m1si2zi3nzo4
The difference between you and me is that you take sides and have assumed that I too am taking sides in this bloody conflict (not sure what are you referring to as 'my NEC Gestapo elite), while to me both sides only symbolise both sides of the same rotten picture - the rabble rouser/revolutionary Malema, the unions - and the ANC itself which continues the fence sitting while selling the illusion and the dream of a free lunch to the desperate. The fact that you are not in the least concerned about the orphans left by all murdered policemen is also worrying. What were those policemen supposed to do when attacked? Allow to be slaughtered like pigs? If you can't get your employer to double or triple your salary - would you resort to bloodshed? Probably not. Wielding pangas does not automatically make you right, and once you start that - where would you draw the line? You can challenge them in a labour dispute, strike or in any other civilized lawful way - and if not successful - your only option left would be to leave. It is the 21-st century, and this is a democratic peaceful country - and nothing but a state of law, civilized democracy and order should be tolerated or allowed. Anyone dreaming of bloody or communist revolutions must take it somewhere else. Between revolution and evolution - I choose the evolution. Sadly not everyone seems to be capable of it.
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m1si2zi3nzo4

Posted 277 days ago
@1984

Every politician will use an opportunity like this to make a political capital. Malema is no exception, and is a creation of the very party that attempts to isolate him from any public platform. I do not have any sympathy with him, nor anyone else, if you understand me. I have issue with political dispensation that strays from democratic practices - flawed as they are - and still play with ignorant people's sentiment. A state is a capitalist creation, and does what capitalism thrives on. If it is human carcasses, it is fine - Mobutu showed it. Only a threat of losing elections brings some segment of sense to ruling parties. And they act the same.
Avatar

l984

Posted 277 days ago
@ m1si2zi3nzo4

Most of your comment is something I can only agree with. I too have very few good predictions to make about a political system or party that seeks to exploit and capitalise on the desperation of the ignorant, or makes rosy promises for a viable economic model where 1/5 of the population (taxpayers) would somehow miraculously support the remaining 4/5. Coupled with crippling corruption such idea is doomed to collapse. But at some point a responsibility has to be taken - even by the ignorant as well - for their own fate. It is not the system to blame - but those who would rather remain the victims forever and enable such system to flourish by remaining ignorant and misusing their sacred and most powerful right to a democratic vote. Democracy is a bit like a marriage - it is not the perfect solution, but no one has invented anything better. I hope you are not propagating anarchy here? Or what?

"A state is a capitalist creation, and does what capitalism thrives on."

And what if I may ask is a communist state thriving on - or is capable of doing to its citizens??? Perhaps even more exploitation and oppression on all levels? Are you aware that communism and democracy cannot and do not co-exist? Have you heard of Gulag? Or Tiananmen Square? Or the Prague revolution?

Francis

Posted 277 days ago
Avatar
@ m1si2zi3nzo4 and Monq
Ilk like 1984 the Big Kenobi (who took already the name from a hid and run criminal) , seem to be the real representatives/defenders of his corrupt and criminal capitalist/communist SA LEADERSHIP.

The real steal and hide men connected and protected by the anc looters and trying to carry on for as long as there is something in the troughs while threatening with a total collapse for the worker.

Today one can find champion smokescreen 783 praying with the catholics for the ppl he killed. How long will this masquerade have to on?

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m1si2zi3nzo4

Posted 277 days ago
@Francis

My problem is not with individuals as human beings. It is with trumpeters of a state propaganda, using public space, and public funds. It is with the indolent mind that cannot produce a single original thought, other than HIS MASTER'S VOICE. In functioning democracies no one can ever defend such a massacre by a state's machinery on people. Even members of a state's killing machine would not hesitate, but resign en-masse from such a body. This is not because out of expectation of expulsion by their party - in obvious fear that it would definitely lose the next election. But in positioning themselves to be absorbed by the next election winner, since they demonstrate some kind of compassion. Here, all members of the ruling party can never say anything perceived as against their elite. This is how low it has gone.
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OBigOneKenobi

Posted 277 days ago
"who took already the name from a hid and run criminal"

That's hilarious! It's actually a parody of Obi wan Kenobi from Star Wars.

Francis, me saying something that you don't like doesn't make me a criminal, and the notion that I am defending and siding with the current SA leadership (being the ANC) is laughable. I wouldn't take a leak on the ANC if it were on fire.

My point was simple - don't attack the police with spears and pangas if you don't want to get shot at - it's a fairly straight forward concept. Attacking the police is also not a good way to go about securing a pay increase, as far I'm concerned.

Raising this point by no means degrades the workers as people or trivializes their plight in any way. I just find it hard to feel sorry for people who start a war and then get hurt or killed as a result.

tonyf

Posted 277 days ago
Avatar
Zapiro's comment in today's ST "...turn the clock back 30 years..." misses the target. Marikana is almost a carbon copy of the Sharpeville incident in 1960. Only the names, faces and body-count have changed. Both incidents were the result of police facing a possible massacre (of themselves) deciding the only way out is (wild-west style) to shoot their way out.

Mary-Kay

Posted 277 days ago
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I understand that the miners were let down by NUMSA, who basically colluded with mine management in getting them to accept lower wages for a 2 year period, and then this new union AMCU came on the scene promising them a wage over 3 times what they were getting, which was never going to happen.

Said union AMCU took it upon themselves to bring a sangoma from the Transkei to stir up an already angry mob who had butchered 2 policemen and other innocent people, who were only doing their job - I hope Malema is thoroughly investigated for any link to AMCU, because it is his hand I see stirring the pot.
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i_stub_born

Posted 277 days ago
"The NUM has lost all credibility and is bleeding members. Its already well-paid secretary, Baleni, was awarded a salary increase of more than 40% last year and his total salary package is just more than R105 000 a month". Mail&Guardian
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RSA.MommaCyndi

Posted 277 days ago
It started long before that. The miners weren't unhappy about the two year agreement. The problem was that NUM didn't include the rock drillers in the agreement. They just completely left them out (who knows why).

The rock drillers then got angry with NUM and approached management directly to work out their own agreement (as none had been made for them). NUM then got angry because they were bargaining directly. The rock drillers then started talking to ANCU and NUM lost over 20% of their representation at the mine. THAT is when the ish hit the fan.

To all accounts, the rock drillers were quite happy with the increases and benefits that they had arranged. The others aren't. That is why we now have winch operators who want R12 grand a month.

i_stub_born

Posted 277 days ago
Avatar
""" The general secretary confirmed that these men were indeed largely the least educated and literate of the employed workforce in the mines. They tend to come from the Eastern Cape and the mountains of Lesotho because the “township boys” don’t want to do the back-breaking work of rock drilling.""""""Greg Marinovich in The Daily Maverick

......the ANC could be sorting out their problem of large and growing population of uneducated youth they have produced.......shove them into the mines before they resort to nationalisation.....

RSA.MommaCyndi

Posted 277 days ago
Avatar
With Cosatu (and by extension NUM) being part and parcel of the referee in this, what are the chances of getting the real reason or even the undoctored report from this inquiry?

It should NEVER have got to this stage. After the Implats nonsense, the Police Intelligence should have been on top of the situation and it should have been diffused BEFORE they put cops into a situation where they had to face the choice of massacre or be massacred. Maybe if our intelligence service would stop back stabbing and snooping on politicians and DID THEIR JOB, we wouldn't have over a hundred families crying today.

SecretVoice

Posted 277 days ago
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The problem here is clear for all to see. The so called strikers are totally uncivilized. They act like they have not developed one iota over the past 300 years. Why not?? You find an answer to this question, then you will understand the problems of our continent.

Hack people to death and then mutilate their bodies. Then have a Sangoma perform rituals like cutting you with a blade and rub muiti into the wounds to stop the bullets from hurting you says it all.