Last week, Seri said the state has dragged its feet in terms of compensatory redress, by having only settled on one of the four areas for compensation — loss of support. Seri has also claimed damages for medical expenses, general damages and constitutional damages.
However, Pandelani said, where a new concept was introduced, such as constitutional damages — which did not exist when the incident happened — his office needed to get instructions from the police and everybody else involved.
“We are having to deal with this issue. Why was it not pleaded when the matter started? Until and unless there are new developments, I think we have done enough. The question is how long is a piece of string?” Pandelani said.
Pandelani said his mandate was the management and co-ordination of litigation relating to the Marikana incident.
“The introduction of constitutional damages concept is something we do not have instructions for. Papers have not been amended such that we [can] go to our principals and say, ‘Here is a novel issue you need to budget for’,” he said.
Pandelani said these matters have been “with us for 11 years”.
“At some point we need closure. Just imagine, the government paying R330m, 11 years down the line people still flock back, the same claimants, stating that 'this is not enough'. It is not legally permissible.”
TimesLIVE
State has paid R330m to Marikana claimants, says it's close to settling all claims
The state has paid R330m related to the events in Marikana 11 years ago in which 44 people were killed and scores injured, solicitor-general Fhedzisani Pandelani said on Thursday.
Pandelani was briefing journalists on the progress in settling the claims launched by a number of law firms representing a category of claimants, including the families of dead and injured miners.
Pandelani said except for one or two matters in which quantification of claims still needed to be worked out, his office believed most of the claims had been settled.
He said the state paid R71.2m to the Socio-Economic Rights Institute (Seri), which represented 36 families of deceased miners, Pandelani said. The money was for damages for loss of support for 34 of the families.
Seri said last week it had received an offer for loss of support for the 35th family but this excluded a family member and was yet to be finalised. Concerning the 36th family, the state’s position was that it would not compensate the family as it believed the deceased miner did not have a duty to support his unemployed siblings and their children.
“Notably, Seri has introduced the novel concept of constitutional damage which is a new head of damages. This is what we are going to be seized with. The residual issues that are being dealt with on behalf of Seri relates to this novel issue that is called constitutional damages,” Pandelani said.
The state paid R77m to Maluleke Msimang and Associates for claims relating to injuries, arrests and detention for 15 claimants. The state also paid R51.8m to Tlhatlha Attorneys in respect of 17 claimants who sued for assault and injuries caused by gunshot wounds. It paid Nkome Attorneys R102m for 264 claimants in relation to arrests, detentions and injuries.
There was also a payment to the Wits Law Clinic of R3.9m plus costs, for one claimant.
Last week, Seri said the state has dragged its feet in terms of compensatory redress, by having only settled on one of the four areas for compensation — loss of support. Seri has also claimed damages for medical expenses, general damages and constitutional damages.
However, Pandelani said, where a new concept was introduced, such as constitutional damages — which did not exist when the incident happened — his office needed to get instructions from the police and everybody else involved.
“We are having to deal with this issue. Why was it not pleaded when the matter started? Until and unless there are new developments, I think we have done enough. The question is how long is a piece of string?” Pandelani said.
Pandelani said his mandate was the management and co-ordination of litigation relating to the Marikana incident.
“The introduction of constitutional damages concept is something we do not have instructions for. Papers have not been amended such that we [can] go to our principals and say, ‘Here is a novel issue you need to budget for’,” he said.
Pandelani said these matters have been “with us for 11 years”.
“At some point we need closure. Just imagine, the government paying R330m, 11 years down the line people still flock back, the same claimants, stating that 'this is not enough'. It is not legally permissible.”
TimesLIVE
MORE: