Programme Director;
North West MEC for Human Settlements, Public Safety and Liaison, Mr Nono Maloyi;
National Commissioner of Police, General Riah Phiyega;
Bojanala Platinum District Executive Mayor, Cllr Louis Diremelo;
Distinguished Traditional Leaders (Dikgosi) present;
SAPS Senior Management present;
CEOs from different mining organisations present;
Leaders from Labour unions present;
Representatives from Business, Community Policing Forums and NGOs present;
Distinguished Guests;
Members of the Media;
Ladies and gentleman;
History has imposed on all of us the onerous responsibility to achieve the goal of a better life for all the citizens. The responsibility is even more on those of us who have a duty to provide safety for millions of South Africans.
We are gathered this morning during a commemorative week of the tragic incidents that unfolded at the Lonmin Marikana mine in the North West which claimed lives of 44 people.
We are also cognisant that the Honourable President of the Republic, President Jacob Zuma established a Judicial Commission of Inquiry to investigate the events that led to the Marikana tragedy, thus must still afford the Commission the respect and space to conduct it findings and determine a way forward to avert such an incident in future.
The Marikana tragedy was a watershed event in the history of our country. Following the incident, we consistently reiterated a message that as government we were deeply saddened by the tragic incidents that led to the untimely deaths of many breadwinners, fathers, brothers, uncles and loved ones. We urged all parties to play a constructive role and support the families and the nation at large in the process of healing.
As government we committed through the Judicial Commission of Inquiry to uncover the truth including calling on all parties to respect the processes of the Judicial Commission and refrain from making irresponsible statements. At the time we said, and I quote: ‘that this is not a time for finger-pointing but a sombre period in which we should allow ourselves to heal as families, as a nation and as a country. Government reiterates the call on all involved not to abuse the plight of those who lost their loved ones. This is not the time for irresponsible provocative statements and grandstanding; we all have to act with responsibility.’
The period was and will remain a sore reflection to all of us as a nation. Nonetheless, we needed to begin to find immediate steps particularly from a security perspective to ensure that those who seek to derail our crime reduction efforts do not succeed. We need to hasten that whilst the majority of South Africans observed the call we made around restraint and lawlessness, we still, as expected noticed some whose remarks were reckless and perpetuated anarchy.
We recognised that we were faced with two options, to either join in the grandstanding chorus, which in any way would not contribute to the reconstruction and developmental agenda. Or begin to engage with the broader fraternity to find lasting solutions around the normalisation of this important industry. We chose the latter approach.
This morning we are gathered here as different stakeholders who all share a common vision, which is to see a flourishing, productive and secure mining sector that can play a pivotal role in our country’s economic emancipation.
We are launching the Mine Crime Combating Forum which falls under the auspices of the Framework Agreement for a Sustainable Mining Industry entered into by Organised Labour, Organised Business and Government.
This is demonstrative of our commitment to:
- Act decisively to enforce the rule of law, maintain peace during strikes and other protests relating to labour disputes, ensure protection of life, property and the advancement of the rights of all citizens, including crime prevention measures
- Ensure that law enforcement agencies act in a manner that is fair, impartial and objective and that all care is taken to protect life and property
- Put in place adequate and appropriate capacity in the form of detectives and specialist prosecution teams to prosecute cases on violence, intimidation, assault and murder
- Prioritise the investigation and finalisation of cases arising from lawlessness in and round mining areas, in appropriate designated courts
- Enforce municipal by-laws related to gatherings and demonstrations
In fact, the status of the public violence cases which relate to the Marikana violence, post 11 August 2012 is that we have 13 cases that are currently on the roll. Some have been postponed due to the sitting of the Farlam Commission, others are ready to proceed and ready for trial, and we have confidence that the perpetrators will be accordingly punished.
We view this step as pivotal in that the majority of stakeholders present this morning, voluntarily entered into the agreement to work together to ensure the sustainability of the mining sector, ensure economic and social development, peace and stability.
We emphasise the phrase ‘voluntarily’ to indicate that the success of this process is interdependent and should not be seen as a fragmented approach. We therefore commend the spirit of commitment and zeal by all partners present here in ensuring that the agreement is translated from words to actions.
Indeed as police leadership, management and employees, we remain resolute and committed to the contents of the framework, because if you carefully introspect the tone of the framework, it talks of collective responsibilities by all stakeholders. We will continue to monitor the situation within the mining sector because whilst we are optimistic of stabilising and normalising the situation, we are cognisant that there will be those who attempt to derail the process.
The framework is also clear on roles and responsibilities by all of us, which inevitably, means we have the accountability and responsibility duty of reporting to South Africans on what we have done. The implementation of the framework is therefore not an option, but a must, for the sake of this generation and future generations.
One of the crucial elements of this framework is focusing on management of violent protest actions and related criminal cases. Worryingly, some of these violent and illegal protests are accompanied by carrying and brandishing in public of dangerous weapons.
The Constitution of our country guarantees every person the right to life and the right to security, which includes among other things, the right to be free from all forms of violence from either public or private sources. The Constitution further guarantees that adequate protection of such rights is fundamental to the well-being, social and economic development of every person.
We need to balance the rights and responsibilities of citizens as enshrined in Chapter 2 Section 17 of the Constitution of the Republic, which states, quote: “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.”
Certain disturbing incidents such as clashes between police and communities stand in direct opposite of our efforts of creating a harmonious relationship. This notion is strengthened by the constant negative public scrutiny and clear provocation of police officers by protesters, using dangerous weapons.
As government we needed to intervene and could not allow anarchy to rein, when clear acts of criminality are being disguised as public protests. For this reason we began an amendment process of the Dangerous Weapons Bill. Parliament concurred with our approach in this regard.
As we address this important occasion today, President Zuma has now signed into law the Dangerous Weapons Act which broadly speaking, seeks to prohibit the possession of dangerous weapons or replicas in circumstances where it is clear that there is an intention to use the same for an unlawful purpose.
Subject to certain exceptions, prohibit the carrying of firearms and objects which resemble firearms, dangerous weapons and objects likely to cause injury or damage to property at a demonstration or gathering. The Act does however; prevent the carrying of replica firearms in public where that same intention to use it for an unlawful purpose is clear.
This new Act takes into account constitutional principles as well as present policing needs in respect of the possession and carrying of dangerous weapons. Dangerous weapons account for a huge number of violent crimes committed in the country and in this province in particular, we have witnessed such irresponsibility. There cannot therefore, in our view, be any justification to threaten, harm, destabilise or even commit crime through flaunting of dangerous weapons in this democratic state.
In our South African context, any operational policing strategy must take into account the operational environment and should be based upon sound democratic principles, which do not infringe on the human rights of citizens, whilst simultaneously protecting innocent citizens against any threat which might be posed by the public protest.
That is why the type of police personnel that are currently monitoring the situation at Marikana are a mixture of personnel drawn from different divisions including public order policing, detectives, visible policing and these units have the necessary capacities, command and control structures to effectively carry out their duties, all within the framework of respect of the law.
While at times as SAPS we have no control in terms of working conditions and agreements privately entered into between the miners and mines, it is an area that the affected parties must take the lead and take the issue seriously. Police officers are not trained to become labour brokers and intermediaries in wage settlements. Our core mandate is ensuring that all South Africans are and feel safe.
We also appeal to all the stakeholders, in particular the trade union representatives as well as political parties not to politicise these mining negotiations of wages, unnecessarily. To us this is crime. We do not see it as politically-motivated acts. You cannot sit on separate sides of the fence and point fingers at each other.
The seriousness of continued acts of violence against within our mines require all of us, as signatories on this framework to formulate a comprehensive and holistic strategy to support the creation of a safe mining environment.
In undertaking this important step today, we have begun a journey that must be completed with positive results. It will not be an easy task. There are no quick fixes.
Like the road to social progress, it is always under construction. For this journey to succeed it will require a selfless sacrifice towards a creation of a safe and secure South Africa that flourishes. We dare not fail.
I thank you.
