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Marikana survivors sue Zuma to force release of official report into massacre Marikana survivors sue Zuma to force release of official report into massacre
(35 minutes later)
Survivors of the Marikana mine massacre are taking the South African president, Jacob Zuma, to court in an attempt to force the release of an official investigation into the killings.Survivors of the Marikana mine massacre are taking the South African president, Jacob Zuma, to court in an attempt to force the release of an official investigation into the killings.
The shootings by police in August 2012 left 34 mineworkers dead and more than 78 injured on what has been described as South Africa’s darkest day since the end of apartheid.The shootings by police in August 2012 left 34 mineworkers dead and more than 78 injured on what has been described as South Africa’s darkest day since the end of apartheid.
Zuma immediately announced a judicial commission of inquiry which duly sat for 293 days, hearing evidence including that police planted weapons on some of the dead bodies to fit a false narrative. The commission submitted its report to Zuma at the end of March.Zuma immediately announced a judicial commission of inquiry which duly sat for 293 days, hearing evidence including that police planted weapons on some of the dead bodies to fit a false narrative. The commission submitted its report to Zuma at the end of March.
But nearly two months later, after stating that he “is still processing the report and will release it publicly in due course”, the president has offered no clue as to when the potentially explosive contents will be made public.But nearly two months later, after stating that he “is still processing the report and will release it publicly in due course”, the president has offered no clue as to when the potentially explosive contents will be made public.
Related: South African police shoot dead striking minersRelated: South African police shoot dead striking miners
In an attempt to force Zuma’s hand, injured and arrested victims of the police crackdown are turning to the courts. Last week a letter was sent to the presidency giving Zuma a deadline of 2pm on Sunday to announce when he would release Judge Ian Farlam’s report.In an attempt to force Zuma’s hand, injured and arrested victims of the police crackdown are turning to the courts. Last week a letter was sent to the presidency giving Zuma a deadline of 2pm on Sunday to announce when he would release Judge Ian Farlam’s report.
Andries Nkome, a lawyer representing the injured miners and Association of Mineworkers and Construction Union, told South Africa’s Star newspaper: “We have not received a response. We will now proceed with court papers. We are finalising them on Monday morning and by this afternoon we will have a case number and date.”Andries Nkome, a lawyer representing the injured miners and Association of Mineworkers and Construction Union, told South Africa’s Star newspaper: “We have not received a response. We will now proceed with court papers. We are finalising them on Monday morning and by this afternoon we will have a case number and date.”
The application is expected to be made in the high court in Johannesburg.The application is expected to be made in the high court in Johannesburg.
Nkome said he feared that should the report’s publication be delayed any further, his clients would not have time to prepare for civil claims which lapse on 16 August. He wrote to Zuma: “Such civil claims will be extinguished on August … due to the expiry of the three-year period within which such claims have to be instituted.”Nkome said he feared that should the report’s publication be delayed any further, his clients would not have time to prepare for civil claims which lapse on 16 August. He wrote to Zuma: “Such civil claims will be extinguished on August … due to the expiry of the three-year period within which such claims have to be instituted.”
Nkome said his clients were also concerned by reports that Lieutenant-general Zukiswa Mbombo, the North West province police commissioner, intends to retire at the end of the month. Mbombo was among those his clients held directly responsible “for their physical and emotional scars”. Nkome said his clients were also concerned by reports that Lieutenant-general Zukiswa Mbombo, the north-west province police commissioner, intends to retire at the end of the month. Mbombo was among those his clients held directly responsible “for their physical and emotional scars”.
He added: “Our clients are of the firm view that her imminent departure is largely motivated, in whole or in part, by a deliberate desire to escape the obvious consequences of her criminal and/ or otherwise unlawful conduct in connection with the Marikana massacre … The failure to release the report is also calculated to let her off the hook.” He added: “Our clients are of the firm view that her imminent departure is largely motivated, in whole or in part, by a deliberate desire to escape the obvious consequences of her criminal and/or otherwise unlawful conduct in connection with the Marikana massacre … The failure to release the report is also calculated to let her off the hook.”
During her testimony, Mbombo conceded that police intervention at the mine in 2012 was a failure. She said there were mistakes in the police communication systems used on the day of the shooting.During her testimony, Mbombo conceded that police intervention at the mine in 2012 was a failure. She said there were mistakes in the police communication systems used on the day of the shooting.
Nkome said his clients noted that the national police commissioner, General Riah Phiyega, had been offered a different posting by Zuma. “The feeling that my clients have [is that they] will not be able to hold them accountable because they will not be holding that office any more.” Nkome said his clients noted that the national police commissioner, Gen Riah Phiyega, had been offered a different posting by Zuma. “The feeling that my clients have [is that they] will not be able to hold them accountable because they will not be holding that office any more.”
Civil claims will be extinguished on August … due to the expiry of the three-year period for such claimsCivil claims will be extinguished on August … due to the expiry of the three-year period for such claims
But on Monday Zuma’s office rejected Nkome’s statements about Mbombo and Phiyega as “false”. Spokesperson Harold Maloka said: “The president does not manage the careers of provincial police commissioners and as such has nothing to do with the reported retirement. Linking the president to this matter and insinuating that it could be linked to the processing of the Marikana report by thepresident is malicious and mischievous.”But on Monday Zuma’s office rejected Nkome’s statements about Mbombo and Phiyega as “false”. Spokesperson Harold Maloka said: “The president does not manage the careers of provincial police commissioners and as such has nothing to do with the reported retirement. Linking the president to this matter and insinuating that it could be linked to the processing of the Marikana report by thepresident is malicious and mischievous.”
He added: “Mr Nkome also repeated the already refuted allegations that President Jacob Zuma has met the national police commissioner, Riah Phiyega, and discussed an alternative deployment for her. Reports of the said meeting and alleged discussions are a complete fabrication and have been refuted by the presidency. Anyone who repeats these allegations is perpetuating a lie.”He added: “Mr Nkome also repeated the already refuted allegations that President Jacob Zuma has met the national police commissioner, Riah Phiyega, and discussed an alternative deployment for her. Reports of the said meeting and alleged discussions are a complete fabrication and have been refuted by the presidency. Anyone who repeats these allegations is perpetuating a lie.”
Among the questions raised by Marikana was the role of Zuma’s deputy, Cyril Ramaphosa, a director and shareholder of mine owner Lonmin at the time, and whether he encouraged the police to go on the offensive.Among the questions raised by Marikana was the role of Zuma’s deputy, Cyril Ramaphosa, a director and shareholder of mine owner Lonmin at the time, and whether he encouraged the police to go on the offensive.
The Marikana Support Campaign, Right2Know Campaign and the SA History Archive are also stepping up pressure for the immediate release of the report. They have submitted a request under the Promotion of Access to Information Act, which gives the presidency 30 days to respond.The Marikana Support Campaign, Right2Know Campaign and the SA History Archive are also stepping up pressure for the immediate release of the report. They have submitted a request under the Promotion of Access to Information Act, which gives the presidency 30 days to respond.
The groups said: “It has been more than two and a half years since the Marikana massacre on 16 August 2012, and there have been no arrests made for the murder of the 34 miners who were killed while striking … The commission report and findings are crucial to determining the truth about what happened at Marikana, to hold those responsible for the massacre to account and to ensure that justice is served.”The groups said: “It has been more than two and a half years since the Marikana massacre on 16 August 2012, and there have been no arrests made for the murder of the 34 miners who were killed while striking … The commission report and findings are crucial to determining the truth about what happened at Marikana, to hold those responsible for the massacre to account and to ensure that justice is served.”