Marikana mine worker's affiliated to AMCU lay wreath at the Koppie in commemoration of Marikana Massacre on August 16, 2020 in Rustenburg, South Africa. The Marikana massacre is a fatal incident that took place at the Lonmin Platinum mine on 16 August 2012 where 37 workers were killed during a peaceful protest. (Photo by Gallo Images/Daily Sun/Morapedi Mashashe)

Marikana mine worker’s affiliated to AMCU lay wreath at the Koppie in commemoration of Marikana Massacre on August 16, 2020 in Rustenburg, South Africa. The Marikana massacre is a fatal incident that took place at the Lonmin Platinum mine on 16 August 2012 where 37 workers were killed during a peaceful protest. (Photo by Gallo Images/Daily Sun/Morapedi Mashashe)

Marikana reparations: Nearly R70m paid to 35 families, negotiations continue

The South African government has settled the claim for loss of support with the families of 35 of the workers killed in the Marikana Massacre. Negotiations, however, continue with several other claimants.

Marikana mine worker's affiliated to AMCU lay wreath at the Koppie in commemoration of Marikana Massacre on August 16, 2020 in Rustenburg, South Africa. The Marikana massacre is a fatal incident that took place at the Lonmin Platinum mine on 16 August 2012 where 37 workers were killed during a peaceful protest. (Photo by Gallo Images/Daily Sun/Morapedi Mashashe)

Marikana mine worker’s affiliated to AMCU lay wreath at the Koppie in commemoration of Marikana Massacre on August 16, 2020 in Rustenburg, South Africa. The Marikana massacre is a fatal incident that took place at the Lonmin Platinum mine on 16 August 2012 where 37 workers were killed during a peaceful protest. (Photo by Gallo Images/Daily Sun/Morapedi Mashashe)

Nine years after dozens of miners were killed in Marikana and hundreds more were injured and illegally detained on 16 August 2012, the South African government provided an update on reparations for the affected parties. Solicitor-General Fhedzisani Pandelani revealed that nearly R70 million was paid to 35 families thus far.

SOLICITOR-GENERAL PANDELANI ON MARIKANA REPARATIONS

On Tuesday, 17 July, Pandelani provided a breakdown of all the Marikana Claims lodged against the state. He said the claims could be categorised as “Loss of support, emotional shock and suffering”; “Unlawful arrests and detentions”; “Personal injuries (arising from bullet wounds and reported incidences of assault.”

The complainants are represented by five attorneys and interest groups: Wits Law Clinic; Socio Economic Right Institute of South Africa (SERI); Maluleke Msimang Attorneys; Tlhathla Attorneys and Nkome Attorneys.

Wits Law Clinic represented one family and are the only party that has completely settled its claim with the state. The family sued for loss of support and was paid a settlement amount of R3 995 120 as well as costs, according to Pandelani.

R70M PAID TO FAMILIES OF THE DECEASED

SERI represents the families of the 36 deceased mineworkers and to date, the state has paid a settlement claim for loss of support to 35 families at a cost of R69 083 005.00 – only one matter has not been settled thus far.

The families via SERI also claimed general and constitutional damages from the state. Pandelani said the state offered the families R500 000 per claimant, which was rejected by their legal representatives, said Pandelani.

As a resolution could not be reached, the Marikana general and constitutional damage matter will be heading for a court hearing in future.

SERI also proposed that President Cyril Ramaphosa sets up a Marikana Welfare Fund that would benefit the 350 claimants for civil damages “as reparation to the socio-economic distress caused upon these families by the loss of their breadwinners.”

Pandelani said the proposed fund would take the form of monthly grant payments and would be paid to the widows of the miners killed in Marikana and would be a minimum amount of R12 500 per month.

The state, however, seemed reluctant to wade into unprecedented waters. “The Solicitor-General, on behalf of the State, expresses no views in relation to this proposal as no legal basis for the establishment of the proposed fund has to date been provided,” said Pandelani.

None of the complainants represented by Maluleke Msimang Attorneys, Tlhathla Attorneys and Nkome Attorneys has been paid for various reasons, according to Pandelani and settlement negotiations continue.

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