IN QUOTES | Here’s how much the state has paid in Marikana Massacre reparations so far

Solicitor-general Fhedzisani Pandelani has urged claimants affected by the Marikana massacre to check the status of their claims with their legal representatives.

Pandelani said the state is being accused of outstanding payments, in some instances by individuals who have been paid.

He said the state is not responsible for following up on payments as this is a matter between claimants and their attorneys.

Pandelani addressed a media briefing on Tuesday as South Africans remembered the 34 Lonmin mineworkers killed in Marikana during a wage dispute protest in 2012. A total of 44 people died. 

Here’s a breakdown of the progress made so far: 

Loss of support claim

Pandelani said one of the families launched a claim for loss of support through the Wits Law Clinic for which the state paid out R3.9m. There are no outstanding matters with the institution. 

R69m paid to 35 families

The state also paid R69m to 35 of the 36 families represented by the Socio-Economic Rights Institute (Seri). Pandelani said there are outstanding claims by the institute which is claiming R1.5m for constitutional damage for each family.

“Seri said it needed what it calls general and constitutional damages on behalf of all 36 claimants. General and constitutional damages are not something easy to quantify, but we needed to be reasonable under the circumstances,” said Pandelani. 

Claims for injuries 

There are ongoing settlement claims from other law firms representing miners who were injured. 

“The colleagues representing those claimants who have been injured have submitted substantively almost all the documents required to quantify the damages for the injured personnel. We have made an offer and once it is accepted, we will make the necessary payments”

R97m paid to 253 claimants 

A total of 253 of 275 claimants represented by Nkome Attorneys have received R97m from the state. There are ongoing negotiations for 11 applicants. The 11 have outstanding “issues” that are being resolved.

“The issues might be attributable to a number of instances. It could be they can’t locate their clients, or they are not able to send their clients for examination by the state. In matters of this nature, we also need a right to examine those claimants.”

Claimants must check the status of their matter with legal attorneys 

Pandelani said the state is not responsible for following up with the legal representatives of claimants regarding payments and status of their claims. 

“You could be my neighbour and you have launched a claim arising from the Marikana incident and you have preferred that claim via a lawyer somewhere else. I am in terms of the applicable prescripts precluded from asking you if you have been paid. It's unethical on my part to do that,” he said.