Update on the compensation process for Marikana victims
In December 2015, President Jacob Zuma announced that Government was committed to seeking an expedited resolution of legitimate legal claims instituted as a consequence of the Marikana national tragedy of 16 August 2012.
A legal team was immediately engaged to assist and fast-track, if possible, this process. At its initiative a series of roundtable discussions were convened with counsel and attorneys acting for the claimants, where proposals were advanced on behalf of Government to achieve a speedy resolution of claims.
Pursuant to this process, by March 2016 Government had conceded 100% merits of legitimate legal claims. Instructions were given to settle claims including claims of unlawful arrest and detention claims but the State will exclude those claims that are under criminal investigation and those that face possible prosecution. Attorneys for claimants were urged to provide all information required for the settlement process.
Government is currently in the process of determining the quantum and will make offer of payments in full settlement of claims in due course.
To date, Government has appointed an actuary to calculate the quantum of each claim. Government is therefore preparing to make an offer once all loss of support claims have been completed.
Proposed amounts for settlement of the claims of unlawful detention and arrest are complete. The Government legal team is now consulting with senior counsel and is ready to make an offer to settle these claims in the next few months.
With regard to personal injury claims, Government has proposed that both parties use one set of medical experts to assist in quantifying these claims in order to reduce costs and to expedite the process of calculation and settlement.
The calculation of personal injury claims can only commence once the State and the plaintiff attorneys agree on the set of experts to calculate the quantum of these claims.
Enquiries:
Dr Bongani Ngqulunga
Cell: 082 308 9373
E-mail: bongani@presidency.gov.za
