Prof. Sethulego Matebesi says the government may have delayed dealing with the case and as such allowed political parties and civil movements to lead the process. This, as families of the victims have now announced that they are suing the government for a staggering R1 billion following years of debate about who needs to take responsibility for the murders. Matebesi, however, says the government did create an avenue for compensation but he suspects that the families might have been influenced to reject the offer from the government, deeming it not befitting for the loved ones.

“I will not entirely blame the government here but perhaps they could have been proactive in terms of engaging with the families. As I’ve indicated, however, there are other forces also who would have informed the families to say don’t just accept any offer that has been made because at the end of the day that actually belittles the departed family members. So all these factors, I think, once you look at them collectively, they do have a huge implication on what is currently playing out regarding Marikana,” Matebesi adds.

Meanwhile, the government has welcomed the litigation by Marikana families. It welcomes the progress that has been made in compensating claimants after the 2012 Marikana tragedy.

“The 48 matters that are currently before the court, deal with personal injuries where people have to be sent for medical examination and actuarial calculations. Half of the 48 matters have already been settled, whilst the other matters are still under discussion between the parties, which include representatives of the state and medicals,” the government added. 

A case against the former North West Deputy Police Commissioner, Mzondase Mpembe, together with five other police officers commenced on 14 February 2022 in the High Court of South Africa, North West Division.

According to the National Prosecuting Authority (NPA) spokesperson, Henry Mamothame, “their reappearance emanates from the five murders in Marikana on 13 August 2012, during a wage strike by Lonmin mineworkers”.

The state alleges that two police officers and three civilians died as a result of the confrontation between police and mine workers on that tragic day. Several key witnesses have already testified when the matter appeared in the High Court since the trial started.

However, earlier Mpembe and others were acquitted by a North West High Court judge on another, separate Marikana case.

ALSO READ: NPA notes the acquittal of Mpembe and co-accused

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