The Presidency has announced that the government is currently in the process of determining the quantum and will in due course make an offer for payments in full settlement of claims resulting from the Marikana national tragedy of August 16‚ 2012.
On Tuesday‚ the President’s office said that the government had appointed an actuary to calculate the quantum of each claim and was preparing to make an offer once all loss of support claims had been completed.
“Proposed amounts for settlement of the claims of unlawful detention and arrest are complete. The government legal team is now consulting with senior counsel and is ready to make an offer to settle these claims in the next few months.
“With regard to personal injury claims‚ Government has proposed that both parties use one set of medical experts to assist in quantifying these claims in order to reduce costs and to expedite the process of calculation and settlement‚” reads a statement by the Presidency.
It added that the calculation of personal injury claims could only commence once the State and the plaintiffs’ attorneys agreed on the set of experts to calculate the quantum of these claims.
In December 2015‚ President Jacob Zuma announced that Government was committed to seeking an expedited resolution of legitimate legal claims instituted as a consequence of the Marikana national tragedy.
It said a legal team had immediately been engaged to assist and fast-track‚ if possible‚ this process.
“At its initiative a series of roundtable discussions were convened with counsel and attorneys acting for the claimants‚ where proposals were advanced on behalf of Government to achieve a speedy resolution of claims.
“Pursuant to this process‚ by March 2016 Government had conceded 100% merits of legitimate legal claims. Instructions were given to settle claims including claims of unlawful arrest and detention claims but the State will exclude those claims that are under criminal investigation and those that face possible prosecution. Attorneys for claimants were urged to provide all information required for the settlement process‚” reads the statement.
Meanwhile‚ Amcu has relaunched and renamed a fund established in 2014 for the benefit of widows and orphans of slain mine workers. The Marikana Massacre Amcu Trust Fund will build 43 houses for the families of killed workers‚ while seeking more funding to set a standard for employee accommodation.
EFF leader Julius Malema pledged R1-million from his party to the trust while Amcu offered R2-million. DA and UDM leaders Mmusi Maimane and General Bantu Holomisa each pledged R50‚000 from their own pockets.
Adv Dali Mpofu‚ who represented the killed and injured mine workers during the Farlam commission‚ said the union was gathering funds to challenge the findings in court.
Civil claims against Zuma‚ various ministers and Lonmin had been filed‚ including charges against Deputy President Cyril Ramaphosa‚ he said.
“There are still 17 workers facing criminal charges. We are making representations to the National Prosecuting Authority to have these cases withdrawn because not a single policeman has been charged‚” Mpofu said.
– Additional reporting by BDLive and Sowetan