Marikana massacre: Legal team hope most civil claims will be amicably settled

Advocate Ishmael Semenya and advocate Dali Mpofu in court. Picture: Zelda Venter

Advocate Ishmael Semenya and advocate Dali Mpofu in court. Picture: Zelda Venter

Published Aug 8, 2022

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Pretoria - With the 10th commemoration of the Marikana massacre around the corner, it is hoped that most of the civil claims instituted against the government in the latest round of litigation will be amicably settled, the legal team acting for the miners today told the Gauteng High Court, Pretoria.

Deputy Judge President Aubrey Ledwaba had set three weeks down to attend to the Marikana matters and he earlier expressed his satisfaction at the progress made thus far.

Legal teams representing the government have over the past two weeks made settlement offers to the legal team representing about 54 miners during this round of litigation, who were injured when the police opened fire on them.

They also include people who were arrested by the SAPS at the time and detained. Charges were later withdrawn against them.

The bulk of the past two weeks were used considering the offers and draft orders, containing the individual agreements reached, and were presented to Judge Ledwaba so that he could make each an order of court.

While counsel remained mum about the amounts agreed upon, the summonses issued in each case against the police ranged between R1 million to R3 million. The highest amount claimed where a miner was shot and still has the bullet in his body, runs into several million.

The matter has been set down before court until the end of next week, and while the parties mostly convened outside of open court to deliberate the offers made by the government, the matter was briefly back in open court today.

Advocate Dali Mpofu, who represents the miners, presented 12 matters to Judge Ledwaba to make orders of the court. These mostly entail general damages following the arrest and detention of the miners on August 16 2012.

Judge Ledwaba once again commented that “we are making good progress.” Mpofu agreed and said things are mostly running smoothly.

He said there were two plaintiffs, who on request from the state last week again had to consult a doctor before the State was willing to make an offer.

But it was expected that the medical reports will be available by the end of this week so that these matters could also become settled.

Three matters which the state, represented by veteran advocate Ishmael Semenya SC and Mpofu could not agree on, will on Friday be argued before a judge appointed by Judge Ledwaba.

Those outstanding claims on which agreements can be reached during this week, will also on Friday be made orders of court.

Judge Ledwaba requested Mpofu to indicate this week on how many of the claims settlements were reached and how many are still outstanding.

Several of the miners were meanwhile at court, anxiously awaiting word on whether their matters will settle. They, however, refused pictures to be taken of them and wanted to remain anonymous.

Lawyer Andries Nkome, who represents the bulk of the claimants, said about 50% of the matters are settled thus far.

Pretoria News