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What Did The Marikana Aftermath Cost South Africa?

What Did The Marikana Aftermath Cost South Africa?

The aftermath of the Marikana massacre cost South Africa millions of rands. Recently allegations were made that some claimants have yet to be paid however.

The Solicitor-general Fhedzisani Pandelani has urged all claimants affected by the Marikana massacre to check the status of their claims with their legal representatives.

According to Pandelani the state is being accused of outstanding payments, in some instances by individuals who have been paid. He said the state is not responsible for following up on payments as this is a matter between claimants and their legal representatives.

Pandelani addressed a media briefing on Tuesday as South Africans remembered the 34 Lonmin mineworkers killed in Marikana during a wage dispute protest in 2012. A total of 44 people died.

Pandelani said one of the families launched a claim for loss of support through the Wits Law Clinic for which the state paid out R3.9m. There are no outstanding matters with the institution.

R69m paid to 35 families

The state paid R69m to 35 of the 36 families represented by the Socio-Economic Rights Institute (Seri). Pandelani said there are outstanding claims by the institute which is claiming R1.5m for constitutional damage for each affected family.

“Seri said it needed what it calls general and constitutional damages on behalf of all 36 claimants. General and constitutional damages are not something easy to quantify, but we needed to be reasonable under the circumstances,” said Pandelani.

Claims for injuries 

There are still ongoing settlement claims from other law firms representing miners who were injured.

R97m paid to 253 claimants 

A total of 253 of 275 claimants represented by Nkome Attorneys have collectively received R97m from the state. There are also ongoing negotiations for 11 applicants. The 11 have outstanding “issues” that are being resolved.

“The issues might be attributable to a number of instances. It could be they can’t locate their clients, or they are not able to send their clients for examination by the state. In matters of this nature, we also need a right to examine those claimants.”

Claimants must check the status of their matter with legal representatives

Pandelani said the state is not responsible for following up with the attorneys of claimants regarding payments and status of their claims.

“You could be my neighbour and you have launched a claim arising from the Marikana incident and you have preferred that claim via a lawyer somewhere else. I am in terms of the applicable prescripts precluded from asking you if you have been paid. It’s unethical on my part to do that,” he said.


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