Crosses on koppies at Marikana’s Hill of Horror, marking the loss of 34 lives in the hands of police officers on August 16, 2012.
Justice and Constitutional Development Minister Thembi Simelane says the government will abide by the court judgment in the civil claim by the families of the miners killed in the Marikana massacre 12 years ago.
“Once the constitutional damages claim is finalised at the Gauteng High Court, the government will act according to the outcome of the judgment of the court.
“We cannot be custodians of justice and then not observe the law when it is facing us,” Simelane said.
She made the statement Friday as the families of the 34 striking miners have instituted constitutional damages claims at the Gauteng High Court, Pretoria.
Although the Office of the Solicitor-General has claimed to have settled about R71 million in loss of support to the 34 families, the Socio Economic Rights Institute said that of the 315 claimants, about 129 people have received nothing.
The R71m is part of the more than R300m paid to the 34 miners’ families for loss of support, 78 miners for injuries and about 250 for arrests.
The miners were killed by the police in two incidents at Wonderkop, Marikana, in the North West on August 13 and August 16, 2012 after they embarked on a strike protesting against low wages and poor working conditions. In papers filed in court, the government has pleaded that the constitutional damages civil claims be dismissed with costs.
Briefing the media on the payout of the claims, Simelane said the Marikana tragedy was a sombre chapter in the nation's history that continued to resonate deeply.
“The government remains steadfast in its commitment to addressing the claims arising from this tragedy,” she said. Simelane also said R352 million has been disbursed in claims related to Marikana to ensure that those affected received the compensation due to them.
“The beneficiaries include the families of the 34 mine workers who lost their lives, as well as the injured and arrested mine workers.
“Each case has been assessed individually to ensure that compensation aligns with legal frameworks and court directives.”
Simelane said they have resolved most aspects of the Marikana matter with the exception of the constitutional damages, currently under consideration by the Gauteng High Court, Pretoria.
“We remain committed to finalising this matter and ensuring that justice is served in this matter,” she said.
Solicitor-General Fhedzisani Pandelani said what was required of his office was to deal with only one aspect of reparation in relation to litigation.
He said in the spirit of having the matters resolved, they have conceded merit.
“The only issue that has remained is quantum, according to current records we met. The only residual issue is that there is a test case, if I may put it that way.
“There is nothing in our law of delict right now that speaks to the issue of constitutional damages, at least, in the realm outlined in the matter before court,” Pandelani said.
He also said the government would be amenable to honour the court decision should it be in favour of the families of the deceased miners.
“The courts are an extension of the Department of Justice. We will be guided accordingly. We await the court to make a pronouncement because there is no agreement.”
However, Police Minister Senzo Mchunu would have to foot the bill for the damages since the Department of Justice and Constitutional Development was only responsible for policy and legislation that deals with litigation.
“There is no way to make a commitment on behalf of another department. None of the matters for the 320 (claimants) require perhaps the minister or principals within the Justice Department to make a decision to settle or not settle,” he said.
“If settlement is to be reached based on the court decision, the baseline budget that is to be implicated will be that of another government department (SAPS) and normal processes will have to be followed.
“At the current moment the instructions are that there is no recognition of constitutional damages and to the extent that is so they will be guided by the outcome of the court,” Pandelani added.
Cape Times