Home PodcastJulie Alli Pursuit of justice: Remembering Marikana 11 years later

Pursuit of justice: Remembering Marikana 11 years later

by Luqmaan Rawat
Strike leader Mgcineni ‘Mambush’ Noki, also known as the man in the green blanket,  lead the march and was killed with his comrades Photo Leon Sadiki/ City Press

South Africa – In the early hours of the morning, mid August, 11 years ago, tragedy struck.  The events of that day would forever change the lives of many families of Marikana Mine’s workers, leaving them to grapple with unanswered questions, unhealed wounds, and a lingering sense of injustice. Despite the passage of time, the victims’ families still await justice and accountability for the loss of their loved ones.

The Marikana massacre, which claimed the lives of 34 mine workers and left many others injured, exposed a grave failure on the part of the state to adequately respond to the tragedy. While the families of the victims sought justice and closure, the state’s response has been marked by a lack of accountability, empathy, and meaningful compensation. According to Thato Masiangoako from Socio-Economic Rights Institute of SA (SERI), life in Marikana is “quite dire”.

The families submitted a civil claim to the state in 2015, seeking acknowledgment, compensation, and accountability for the loss of their loved ones. Among their demands were a formal apology, medical and constitutional damages, and recognition of their loss of support due to the victims’ employment in the mine.

However, despite promises from the state, the families’ calls for justice have fallen on deaf ears. The state has only made offers, that have been settled by 34 families, on loss of support. However, SERI represents 36 families. While there are ongoing talks to settle with the 35th family, the state is refusing to engage with the final family.

“The 35th family, there is an offer that has been made and the settlement is in the process of being finalised, but the state refused to compensate the 36th family. They feel that he did not have a duty to support his siblings and his siblings’ children even though he became the breadwinner in his family soon after his parents passed away while he was young.”

The state’s lack of urgency and empathy in addressing the families’ claims stands in stark contrast to the wasteful spending and corruption often seen in government circles. The fact that 36 families have been denied proper compensation while billions are squandered elsewhere is a testament to the state’s misplaced priorities.

 

A quest for justice amidst a sea of challenges

The failure to hold responsible parties accountable for the Marikana massacre is a glaring failure of the justice system. While a handful of police officers faced trial, their charges were limited to incidents surrounding the death of one miner. Even in these cases, convictions have been elusive, further deepening the wounds of the victims’ families.

“Only nine police officers were charged, forcing a trial for circumstances related to the death of one of the miners. It was found that the police had lied under oath during the commission of inquiry. They were standing trial for concealing the circumstances around that miner’s death. Unfortunately, they were acquitted but there are still six officers who are standing trial for what happened on the 13th of August when three mine workers and two police officers were killed. That trial has been sitting for about two years now. We don’t know when the end to that will come but we’re yet to have any prosecutions for what happened on the 16th. No politician, senior police officer, no one from the mine, has been charged for what happened. Yet we know that the state ordered rounds of ammunition in order for their preparations to fall into place.” 

 

Seeking closure

The families’ demand for closure has been met with reluctance and obfuscation on the part of the state. The absence of formal apologies and accountability has hindered the healing process for those who lost their loved ones. Many widows and children continue to struggle with trauma and grief, exacerbated by the lack of closure and acknowledgment.

“All of them [the widows and family members of the victims] will tell you They’ve never had full acknowledgement from the state. They’ve never had a full apology. Even if you, on your own, embark on your own journey to receive some kind of healing, that’s partly hampered by the fact that whoever is responsible or whoever the perpetrator is, is yet to acknowledge what’s happened to you. That forms part of any kind of reconciliatory or a justice process that would lead to some kind of reconciliation. There has to be some kind of contrition and honesty about what happened.” 

 

Marikana victims’ families call for accountability

The Truth and Reconciliation Commission (TRC) of South Africa served as a means for victims of Apartheid-era atrocities to find closure and justice. Parallels can be drawn between the need for such a process and the Marikana massacre. The families’ inability to fully share their experiences during the commission of inquiry denied them an important opportunity for healing and reconciliation, explained Masiangoako.

While the state drags their heels in fulfilling their promises, Masiangoako pointed out Lonmin mining company also has a part to play in all this. It was due to their refusal to talk to the miners and bringing in police officers that led to the violence that was seen on that tragic day.

“If the mine had not chosen to put the state between it and its employees, maybe we’d have a different situation today. Their concern might have been the implications of what kind of precedent that would set but ultimately the miners had occupied a koppie (hill). They were using that occupation as leverage and the mine simply refused. They never ever wanted to go and speak to them. Almost as if they were animals. They could not be engaged with. The Mine refused to engage them but there was a refusal on the part of the mine and the mining bosses to go and speak to employees who simply were demanding a living wage.”

 

Moving Forward: A path to justice and getting closure for those impacted by the Marikana massacre

The importance of public outrage and solidarity cannot be overstated. While the state and mine may continue to drag their feet, it is the responsibility of the public to remember Marikana, express their outrage, and demand accountability. Media, civil society, and concerned citizens play a vital role in keeping the memory alive and advocating for justice.

“Members of the public, in any space that they find themselves, need to not forget that Marikana happened and to express that outrage because it is outrageous. For the mine, we really do rely on the state to hold up its end of the bargain in holding mining companies to account. Unfortunately, the difficulty is that if the state is dragging its feet on facilitating justice, I suppose it finds itself in a tricky position in trying to hold the mine accountable for its part. Both of them don’t want to be held accountable but we cannot allow the state to forget about Marikana.”

In a globalised world, the actions of mining companies have far-reaching implications. International pressure can play a significant role in holding these companies accountable for their actions. Leveraging global campaigns and support can amplify the voices of the victims’ families and create pressure for change.

“There has been somewhat of a global campaign to continue to support the families and the victims of the massacre. That is something that we need to really tap into as well. Mines are connected to the global market. That is an opportunity to perhaps apply some kind of pressure but ultimately the state really does have to come to the party.”

The responsibility lies squarely on the shoulders of both the state and the mine authorities. Expedited prosecutions, fair compensation settlements, and a sincere apology from both parties are essential steps toward closure and healing. The mine’s commitment to accountability and the well-being of the affected community should guide their actions.

As we reflect on the tragic events of the Marikana massacre, it becomes evident that the pursuit of justice and closure is far from over. The families of the victims alongside concerned citizens, civil society, and the media, must continue to push for accountability and redress. The wounds of Marikana run deep, and until justice is achieved, the scars will remain a poignant reminder of the need for systemic change and the importance of valuing the lives and rights of all citizens.

 

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