Fellow South Africans,
We have convened this media briefing for the purpose of providing further details following President Jacob Zuma’s appointment of a Commission of Inquiry with regards to the tragic incidents at Marikana at which 44 people lost their lives and scores were injured. The sad visuals and images that unfolded before our eyes and on our television screens on that fateful day were followed by a swift decision by our President, when he appointed a Commission of Inquiry to investigate circumstances that led to these very unfortunate events. These tragic incidents dominated our media space and also made news headlines internationally. The President has deemed it important that the Commission of Inquiry investigate these incidents which are of public, national and international interest and make appropriate findings and recommendations. The return of the striking miners to work yesterday is an important milestone in our collective endeavour to restore peace and harmony in the beleaguered community.
As the President has proclaimed, the Commission is chaired by Honourable Judge Ian Farlam, a retired Judge of the Supreme Court of Appeal and has two other members namely, Adv Pingla Hemraj and Adv Bantubonke Regent Tokota, both Senior Counsel and respected practicing advocates of the High Court of South Africa. The primary objective of the Commission is to investigate the underlying causes of this tragedy and establish the truth that is vital for the restoration of harmony, peace, and justice to all affected by these unfortunate events and to the country as a whole.
The President has given very tight timeframes for this Commission, namely of finalising its investigation within four months from the date of commencement of its work. It is with this in mind that we have, as the line function Ministry and department responsible for setting-up the Commission, immediately established appropriate structures and capacity to give effect to the decree of the President. The measures we have put in place are premised on the Terms of Reference as published in the Gazette on 12 September 2012. As many will attest, the Terms of Reference, copies of which have been distributed at this briefing, are wide and far reaching, and will enable the Commission to leave no stone unturned in search of the truth that will provide answers to many questions.
- In summary, the Commission has been mandated to determine the respective roles played by Lonmin, South African Police Service, Association of Mineworkers and Construction Union (AMCU) and National Union of Mineworkers (NUM) in relation to all the events before, during and after the unfortunate incidents in Marikana. It is further expected in the execution of its functions determine whether any of the role players as mentioned above could have done or put measures in place to prevent the sad turn of events.
- The role played by the Department of Mineral Resources or any other government department or agency in relation to the incident and whether this was appropriate in the circumstances and consistent with their duties and obligations according to law.
- The conduct of individuals and loose groupings in fermenting and/or otherwise promoting a situation of conflict and confrontation which may have given rise to the tragic incident, whether directly or indirectly.
We have, for purposes of ensuring greater access and understanding of the task of the Commission, gazetted the Terms of Reference in English, seSotho and isiXhosa languages and they will also be posted on the website of the Commission, the GCIS and the department in all eleven official languages with effect from today.
The President will soon promulgate Regulations which will confer powers on the Commission to enable it to execute its allocated task. As with the Terms of Reference, the Regulations will be published in the English, Sesotho and isiXhosa after they have been promulgated by the President. These Regulations will enable the Commission to conduct its work and investigation in a meaningful and proper way. The Regulations will also empower the Commission to gather evidence by conferring on it such powers as are necessary, including the power to enter and search premises, secure the attendance of witnesses and compel the production of documents.
The Chairperson of the Commission, Judge Farlam has designated the following counsel as evidence leaders who will evaluate and present evidence before the Commission, namely:
(i) Adv Mbuyiseli Madlanga, Senior Counsel
(ii) Adv Mathew Chaskalson, Senior Counsel
(iii) Adv Geoff Budlender, Senior Counsel
(iv) Adv Johannes Nxusana
(v) Adv Charles Wessley
The evidence leaders will be assisted by a team of investigators who possess the necessary skills and expertise which are necessary for the execution of the mandate of the Commission. We will be guided by the Commission regarding persons it may wish to appoint as investigators and discussions in this regard are at an advanced stage. It is anticipated that the researchers will commence with their investigative work in this coming week. The Commissioners have commenced with their work and have had a few meetings, including the meeting with parties. Public hearings are scheduled to commence on 1 October 2012. The Commission will announce their directives and timetable soon to give details of its schedule for public hearings.
We are grateful to Rustenburg Municipality for allocating premises which will serve as both the offices for the Commission and as the venue for hearings at the Rustenburg Civic Centre. The Commissioners were taken to the Civic Centre yesterday to view the facilities and are satisfied with the premises. In addition to the venue in the Civic Centre in Rustenburg, the Rustenburg Municipality has offered the Marikana Hall in the Marikana informal settlement for use by the Commission. Marikana is central to many other surrounding informal settlements and farming communities which include Bapong, Wonderkop, Lapologang, Buffelspoort, Mooinooi and Makolokwe. These are surrounding areas where mine workers at the Lonmin Mine reside. We will implore upon the Commission to consider using the Marikana Community Hall as a remote viewing site for the public hearings that will take place at the Civic Centre. This will give opportunity to those who may not have the means to travel to Rustenburg daily for the hearings to watch the proceedings right at their door steps. I am also certain that the state should be able to make arrangements where necessary, to provide transport to the family of the deceased for their attendance and participation at the hearings.
Regarding the budget for the Commission, all the different needs have been costed and the Director-General is liaising with the National Treasury to request the funds that are required for the work of the Commission. Pending an allocation by the National Treasury, the Department has earmarked funds from our baseline allocation for the start-up operations.
The security of the Commission is one of the important factors we have taken into consideration. It would be remiss of me not to acknowledge that the prevailing environment in Marikana may require a heightened sense of vigilance in regard to security. In this regard I am in liaison with my colleagues within the JCPS Cluster and the MECs for Community Safety and Liaison within the North West province to ensure a secured environment for the Commission, including the protection of people who are involved or will engage with the Commission as well as its premised and information at its disposal. This will be coordinated by the JCPS cluster which I chair.
The Commission has an additional important task of bringing hope and comfort to the bereaved and other affected families in this difficult period.
From our side its all systems go. We will not shirk our responsibility in providing the best enabling environment for the Commission to best fulfil its mandate. We owe the unfortunate victims of these tragic incidents no less.
I thank you!
