Half of Marikana Massacre litigation cases have been settled – state

The state says it has settled half of the remaining 48 Marikana Massacre litigation cases that are ongoing between itself and families of the victims.

Department of justice and constitutional development solicitor-general Fhedzisani Phandelani said there are 48 civil matters that are before the Pretoria high court and 24 of those have been settled.

Phandelani was speaking during a media briefing in Pretoria on Wednesday regarding the Marikana Massacre class action lawsuit that families of the deceased and survivors have launched against the state.

On August 16 2012, 34 Lonmin mineworkers were shot and killed by the police at a koppie in Marikana, North West, while they were protesting over unfair wages.

Phandelani said he is satisfied with the work his office has done in dealing with the matter.

''Our resolve has been that we need to deal with all the remaining matters in terms of litigation with regards to the Marikana Massacre incident. True to our word, we have been engaging with our counterparts – the attorneys representing the injured and those who made claims. As I stand here today, there were 48 matters remaining. Half of those have been settled and the other matters are ongoing,’’ said Phandelani.

He said the court has issued a directive that the outstanding matters be finalised before end of August.

In August last year, the state paid R70m to 35 families in the ongoing lawsuit.

The victims in the litigation cases range from mineworkers are deceased, suffered malicious prosecution, arrest or detainment, and those who sustained personal injuries and special damages due to the massacre.

When asked whether President Cyril Ramaphosa is involved in any of the ongoing 48 cases or cases that have been settled, Phandelani said꞉ ''The matters we are dealing with do not cover the matters which were preferred against the president in his person. I do not have a mandate to venture into that space.’’

''We are dealing with matters where the state in its formation has been cited. The NPA [National Prosecuting Authority], justice department and SAPS were cited as organs of state or state departments. These are the matters we are seized with. We are not seized with matters of a personal nature. None of the matters have the president cited.’’

Ramaphosa has been accused by mineworkers’ union and the public for having played a role in the massacre ten years ago when he was a non-executive director of Lonmin.

Phandelani said he believes that state has played its role in ensuring that the victims and their families receive justice.

''I am comfortable justice has been done in relation to the reparations of these litigation matters,’’ he said.

kokam@sowetan.co.za


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