A Cyril Problem
Written by: Xola Qetsemani
While the country focused on the elections and the make-up of the next government… we seemed to temporarily forget the ‘small’ matter of 34 miners that were shot dead in Marikana in August of 2012… and the Farlam Commission put in place to find the cause of the incident and hold someone accountable for the ‘massacre’, as it is widely regarded worldwide. This was a brilliant idea and it seemed that there would finally be justice for the dead but, alas, a small item was removed from the Commission’s brief in late April that threatens to change the outcome of the proceedings: a clause that required government officials to testify.
Tensions might flare when people finally realise what this means. Once people have recovered from their ‘election hangovers’, they will realise that the families of the slain miners will not get justice if this ‘small’ matter is not dealt with. News-savvy people will realise that government officials such as former Police Minister Nathi Mthethwa, former Mineral Resources Minister Susan Shabangu, Deputy President Cyril Ramaphosa and President Jacob Gedleyihlekisa Zuma will not face questions or provide the answers ‘owed’ to the bereaved families.
The Marikana Support Campaign made a call to Zuma to reinstate the clause so that a probe can be made into government’s role in the incident and whether the tragic loss of life could have been avoided.
During Apartheid, mass murders were covered up and politicians took centre stage in these cover-ups. The public and the international community was starved of information. The Truth and Reconciliation Commission was meant to find out exactly what happened under Apartheid rule but what happened instead? A bunch of people involved in the massacres arrived and made their apologies and all was forgiven – One feels the Farlam Commission is heading in the same direction: a handful of people take the blame and all will be forgiven. Should we, as a people, accept that these things happen in our country? Should we just suck it up and move on?
“People in Britain have been fighting for decades to win justice for Bloody Sunday and Hillsborough. If necessary, we will do the same here.” – Rehad Desai, filmmaker of the Marikana movie.
The removed clause states that ‘…there will be an investigation to 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’
So what will the effects of the deletion of the clause have on the inquiry? According to the Socio-Economic Rights Institute, it will limit the proceedings of the Commission because evidence will no longer be accepted after 31 July 2014.
However, Mthethwa and Ramaphosa have released statements to the Commission on the behaviour of the police involved so they can be called to testify at the Commission and the clause will not apply. A full investigation can also be launched into the police officers’ actions that will ask who instructed them to act in such a violent manner – whether it was the police chief or any other person outside the force.
This investigation can take place because this piece of information is under paragraph 1.2 of the Farlam Commission’s terms of reference and does not interfere with the clause mentioned above.
The Commission was set to investigate matters of public, national and international concern arising out of the tragic incidents at the Lonmin Mine and Judge Ian Farlam was set to preside over the proceedings. But the judge was recently quoted: “The removal of paragraph 1.5 of the terms of reference does not in any way affect phase one of the commission’s inquiry.” But the question now becomes: why was it allowed to be removed in the first place if it has no bearing to the outcome of the inquiry? It could happen that the decision was made to protect people high in government.
The length of questioning will surely be reduced to make the deadline (31 July). This does not seem fair because the injured miners were cross-examined for a lengthy period of time. For example, Mzoxolo Magidiwana (who was shot nine times by the police), was cross-examined for ten days and the people responsible for the injuries he sustained will only be questioned for 30 to 45 minutes by each of the legal parties. Where is the justice in that? And is this even constitutional?
Whatever your point of view, we should consider the families who have lost mothers, fathers, brothers and sisters – most of whom were breadwinners. Whatever a sense of closure is to some people, do we not think they deserve at least that?