Marikana inquiry hangs in the balance
Image by: Daniel Born
The progress of the Marikana Commission of Inquiry hangs in the balance - lawyers representing the victims' families yesterday threatened to make a high court application to halt the proceedings.
The threat follows the Department of Justice's decision to stop paying the transport and accommodation costs the victims' families incur in attending the commission's hearings.
The lawyers, some of whom have described the decision as "outrageous", will today raise the issue with both the commission and the department.
Osmond Mngomezulu, an attorney for the Socio-economic Rights Institute, who represents some of the families, said: "If the situation does not change we will bring an urgent application for review in the [Pretoria] High Court to set the department's decision aside."
Mngomezulu said part of the application would be for a postponement of the inquiry until it was made possible for the families to attend.
Family members of the 34 miners shot dead by police on August 16 have expressed outrage at the department's move.
Mthuthuzeli Xhego, whose nephew, Mafolosi Mabiya, was shot dead, said the chairman of the commission, Judge Ian Farlam, should be the one to decide who should attended the hearings.
"The millions of rands that have been thrown into this commission are for all the logistics involved, including ensuring that families are part of it," he said.
"We read in the newspapers that Farlam wanted families to be part of this but now we hear that there's no money. Really, this should be his decision, not [Justice Minister] Jeff Radebe's department," said Xhego.
The department helped to cover the families' travelling costs only after advocate Dumisa Ntsebeza, who represents some of the families the miners killed, questioned their absence at the inquiry.
At the start of the commission's hearings, Ntsebeza said means of financing the travel, accommodation and food should be found for the families.
Justice Department spokesman Mthunzi Mhaga said yesterday that the department would "deal with the lawyers' legal action when we are formally notified" of it.
"There is no legal basis on which the attendance of the family members or representatives can be sustained at state expense," the department said earlier.
Some family members who attended the proceedings last week saw video footage of the shootings for the first time.
Other Eastern Cape family members expressed their disappointment at the "abrupt" decision to cut the funding.
Jamela Thukuza, brother of killed miner Mphangeli Thukuza, of Ngqeleni village, Eastern Cape, said this was another slap in the face for the victims' families after they had first been ignored by the commission.
"We were ignored. Only the lawyers representing our families pushed for our attendance [at the hearings]," he said.
"We stand by our belief that this commission was set up to enrich a few individuals rather than help families get closure. Our brother died like a dog and it was for the government to make sure that we are part of the inquiry. "
At the weekend, Shanduka chairman and Lonmin board member Cyril Ramaphosa offered to appear before the commission to explain the e-mail correspondence on the eve of the Marikana massacre between him and senior Lonmin executives. The correspondence was revealed at the inquiry last week.
In the e-mails, released by advocate Dali Mpofu, who also represents families of the dead miners, Ramaphosa wrote to Lonmin's chief commercial officer, Albert Jamieson, on August 15, saying: "The terrible events that have unfolded cannot be described as a labour dispute.
"They are plainly dastardly criminal and must be characterised as such. There needs to be concomitant action to address this situation."
Ramaphosa said this weekend: "I believe there are a number of issues relevant to the deliberations of the inquiry on which I might be able to make a contribution.''
The commission's spokesman, Kevin Malunga, could not say whether Ramaphosa would appear before the commission, saying that the commissioners and evidence leaders would decide whether he should be called.
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Posted 209 days agoAaronGumede
Posted 209 days agoRobrt7Mugabe99
What we are saying you are more concerned about crimanals killed 10 people , placing animals skulls in the chest of the victims, how would you feel about that done to your blood brother who has a wife and kids. Therefore Cyril was more concerned about the 10 people killed before , if you failed to read and understand the purpose of the email.
SuiGeneris
Posted 209 days ago========
Translated to the truth it actually means that the government under ANC control cannot afford to let all these family members find out the what really happened at Lonmin and then go home and tell the truth first hand among hundreds of people in their communities - This will cost the ANC too many votes !
InExile
Posted 209 days agoIf there is a modicum of truth in this statement and I doubt even that, there is certainly not an ounce of sensitivity. In a country where the government was elected by the people , the majority of whom have to work very hard to make ends meet, they now watch this new elite indulging in taxpayer funded vulgar opulence without bounds. It hurts. But it hurts so much more to come to the realisation that it is utterly indifferent to the plight of those on whom it depends for continued power. It is more than indifference it is contempt.
To them we are what Carl Marx referred to as "many a useful idiot".
If there is no legal basis for state funding of families attendance, and that is not conceded, then there is every compassionate basis. Contrast the expenditure on: our defense forces activities outside South Africa, dumped textbooks in Limpopo and other places,the Nkandla rural homestead not to mention the Arms Deal 1 and proposed Arms Deal 2,.. the list goes on BUT we cannot afford the cost of compassionate treatment of the Marikana bereaved??.
It is time to realise that to resist oppression and discrimination when you are its victims is not at all heroic. It is normal. To resist it on principle when you are not its victims is heroic.
Our leaders show clearly that having been a cadre is no reflection on what calibre of human being you are. It is also no indication that, when you attain power or even sniff it, you will act with the decency you once thought you had or at least would have had the rest of us believe you had.
Wort
Posted 209 days agom1si2zi3nzo4
AfricaRevolt2011
Bongzar
RSA.MommaCyndi
Posted 209 days agoThey have a vested interest in making sure that ALL of the truth comes out. Of all the people at that inquiry, they are the only ones who do not have a pre-determined agenda. Without them there, the politics win and the truth loses
JohnDoe
Posted 209 days agoDoes the ANC not realise that they can only use their struggle credentials for a certain amount of time. After that they have to govern or get booted out or I fear they will use violence to stay in power.
m1si2zi3nzo4
Posted 209 days agoEvery right-thinking individual is bound to be shocked by this one. The question is whose commission is this?, or what purpose is it supposed to serve? Zuma's lack of compassion for the bereaved and the orphaned children bears testimony to a very callous streak. His knee-jerk reaction to this massacre was about, first, saving himself, and the rest would sort itself up. The contrast between this and the slow pace at which he has been reacting to those exposed of corrupt activities points to one thing. Nothing matters to him except his hold onto power, no matter what. All he responds to is his greed for power, and the freebies this brings about.
Noam Chomsky: "A ll over the place, from the popular culture, to the propaganda system, there is a constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions, and to consume." In Zuma's accolytes' understanding, theirs is to die silently, if they cannot ratify decisions, and not even to consume, as this title does not belong to them.
ProgressiveAfricanDemocrat
Posted 209 days agoRobrt7Mugabe99
After I "ve gone through all the angles before the conclusion of the Comm it stands to reasons that Cyril had nothing wrong to call for tougher stance against criminal behaviour which led 10 people dead before the massacre. Policeman, NUM shop steward were killed and an animal skull was placed on their chests which resulted for Cyril to call for a tougher stance against criminality.
Its pity that Cyril is persecuted for standing against Malema as has been demonstrated by Khusela Sangoni by jumping the wagon without further clarity on the emails. I feel sad for this woman with promising future to make a decision to accompany herself with factionalists who were defeated in Polokwane in 2007. Again, when I read her article this morning she expose herself by making a statement that Kgali is a peoples choice over Zuma, before Zumas tenure. Its so disgusting to see this current YL becoming so stray after 100 yrs of the movement.
Ozgood
Posted 209 days agoZee_Fire
Posted 209 days agoRobrt7Mugabe99
Thuka-Thuka
Robrt7Mugabe99
Posted 23 minutes ago
police were called by Lonmin , the didnt come there voluntarily, if they were nt called the mine was supposed to use its security (omantshingelane babo)
RSA.MommaCyndi
You are completely right. Cyril should have just let them kill off folks at a rate of 10 every 4 days and not done anything because that would have been a much better idea. Cyril wouldn't be in trouble, there would be no inquiry and only about 20 or so people would have died each week - so much more acceptable.
AfricaRevolt2011
Posted 209 days agoi_stub_born
Posted 209 days ago