Last week, the Marikana trial in the North West High Court focused on the murder of Pumzile Sokhanyile, who was shot dead, allegedly by police, on August 13 2012, three days before the Marikana massacre.
For the first two days of proceedings, Sokhanyile’s daughter, Ziyanda, 28, sat with people in the gallery who had also lost husbands, uncles, fathers, brothers and sons in the bloodshed.
After being approached by a journalist on Tuesday and asked how all the evidence about her father’s killing made her feel, Ziyanda stopped coming to court.
Khuselwa Dyantyi, of the Socio-Economic Rights Institute of South Africa (Seri), which has been supporting the grieving families, told Sunday Times Daily how tough things had been for Ziyanda.
“It was particularly hard for her because we [Seri] weren’t in court on those two days. Proceedings are being conducted in English and translated to Setswana and Afrikaans. Most of the families attending here are Xhosa, so most of the time they don’t understand the proceedings and rely on us to explain to them afterwards.
“For her, she was just there, hearing her father’s name being mentioned, but she didn’t understand the proceedings. All she knows is that her father died. Even when witnesses are being cross-examined, she and the others don’t necessarily know what is going on,” Dyantyi said.
It’s sad that they cannot follow the proceedings because they are not being translated into their language, but it all makes sense to them when I break it down.
— Khuselwa Dyantyi of the Socio-Economic Rights Institute of South Africa
Ziyanda is employed as a cleaner at Sibanye Stillwater, which bought Marikana’s Lonmin Platinum mine. She has been there for six years. She and relatives of mineworkers who were killed in the unrest were offered employment in place of their loved ones.
“I don’t know what her dreams for herself are, but she didn’t want the job,” said Dyantyi.
“I remember when the mother was still alive, she could not take the position because of health reasons. The family had to send someone or lose the position,” Dyantyi said.
Being the eldest of Sokhanyile’s five children, Ziyanda took on the responsibility.
Dyantyi said it was tough for many of the widows who had to fill their husband’s shoes, with some even working underground.
“They never thought that one day they would be working where their loved ones use to work and at times in those bad conditions their loved ones used to complain about,” she added.
For Ziyanda, the mine is a reminder of all she has lost.
On the day her father was shot dead, her grandmother collapsed and died en route to hospital after she learnt of her son’s murder.
Ziyanda lost her mother to cancer and for her, Dyantyi said, Sokhanyile’s death indirectly played a part in that.
“Mrs Sokhanyile had been unwell for some time. She had had cancer. She was first treated [when her husband was still alive] and it went away, but it came back after her husband died. Unfortunately, at that time, she no longer had access to a private hospital. Her husband had had medical aid, so before she was able to access private hospitals for treatment. When it came back again, she had to go to a public hospital and we all know how difficult it is to get treatment there. Unfortunately, in 2018, she died,” said Dyantyi.
Ziyanda had usually left it to her mother to attend anything to do with her father’s murder, including the Farlam Commission of Inquiry, which investigated the deaths of those killed during the weeklong wage-related strike at the mine.
For the first time this year, she was forced to fill her mother’s shoes and attend court proceedings. This has opened wounds which seemingly have not healed.
“Ziyanda is just like her mother. A very quiet person who does not talk much, but you could just see their pain. Most of the time we have to interview our clients and take statements ... It was very difficult to consult with them. When we had to take statements from them, they were never complete because they would always break down,” Dyantyi said.
Despite the language barrier, Dyantyi said each morning at 6am, the families left Marikana by bus and arrived at court just before proceedings at 10am.
During the lunch adjournment, they eat their packed lunches outside court and, after hours of sitting in court, endure a more than three-hour bus ride home.
Dyantyi said the relatives have all been given time off by Sibanye-Stillwater so they could attend proceedings. The mine is also paying for their transport.
“It’s sad that they cannot follow the proceedings because they are not being translated into their language, but it all makes sense to them when I break it down. I explain who is the witness and why they are there. They ask me about the disputes that come up in court and I explain,” Dyantyi added.
The court case is about the five people – three mineworkers and two police officers – who were killed on August 13 2012. Some families of the 34 mineworkers who were killed when police opened fire on them on August 16 2012 are also attending proceedings to support the families connected to the case.
They are hopeful that there will be mention of their loved ones.
Two years have passed since the six accused were arrested and released on bail, but the families have said they will be patient if it means justice will prevail.
After Friday’s proceedings the trial was postponed to May 2021.
