Pretoria - President Jacob Zuma has given an update on the steps taken by various departments to implement the recommendations of the Farlam Commission.
The Commission of Inquiry was established to examine the loss of 44 lives in Marikana during a strike at Lonmin mine.
President Zuma released the commission’s report to the public in June 2015.
Housing for miners
President Zuma said the report from the inspection carried out on 25 June 2015 indicated that the company Lonmin had completed the conversion of all their hostels. As of December 2014, the hostels comprise 776 family units and 1 908 single apartments.
Prior to the commission’s findings, Lonmin was directed to amend its Social and Labour Plan (SLP) and the company submitted a revised plan during October 2014, in which it has addressed the housing needs by committing to build infill apartments.
These would replace the 5 500 houses that were committed to, as the majority of employees indicated that they are interested in rental accommodation.
However, the revised SLP is broad and without clear timelines on building houses. On 23 September 2016, Lonmin was directed to revise this plan to address the living and housing conditions of mineworkers.
An inspection by the Department of Mineral Resources (DMR) Acting Director General and delegation on 7 October 2016 revealed that phase one at the Karee Housing Estate was completed and comprises 100 family units and 225 bachelor units built by Lonmin.
“These apartments are not occupied yet, as final touches are being done and will be allocated by January 2017. The next phase is in progress and should be finalised by the end of 2017,” the President said.
He said progress is slow, thereby compelling the department to contemplate sterner measures.
The department intends to take further action. A compliant housing plan will be requested from Lonmin, failing which, immediate action in the form of suspension or cancellation of the mining right will be taken.
Audit inspections may be conducted at the mine on a bi-monthly basis to ensure compliance and administrative action taken where necessary.
Capacitating labour
The provision of financial resources and the training of shop stewards have been undertaken to deal with issues of ineffectiveness in providing information to labour, evidenced by the proliferation of unprocedural industrial action.
Progress has been made, under the auspices of the National Economic Development and Labour Council Nedlac (Nedlac), to address strike related intimidation, usually arising when a minority union seeks to compel the majority to join the strike.
With regards to addressing wage disparities in the same sector, in 2012/13, Labour Minister Mildred Oliphant and Minister in The Presidency for Women Susan Shabangu persuaded the platinum sector companies to test centralised bargaining as a model.
The recently amended Labour Relations Act empowers the Commission for Conciliation, Mediation and Arbitration (CCMA) to intervene if a strike threatens the national interest and/or if it carries the risk of becoming protracted, with or without the consent of the parties in dispute, as was the case in the past.
On the issue of the wage gap between the executives and ordinary workers, the Amended Labour Law strengthens collective bargaining as the platform through which this matter can be dealt with.
Policing strikes
The President said the commission panel and the Ministerial Transformation Task team were set up and are fully operational. Interim recommendations are currently being drafted by the Panel of Experts for the attention of the Minister of Police with regard to Public Order Policing reforms.
This is with regards to recommendations A to G, Chapter 25 of the Marikana Report.
With regards to the recommendation on the control over operational decisions, Standing Order 262 was repealed and was replaced with National Instruction 4 of 2014, which addressed the control over operational decisions within the South African Police Service (SAPS), as outlined by the Farlam Commission of Inquiry Final Report.
The police are currently working on interim recommendations on police equipment. The recommendations are being drafted by the Panel of Experts.
SAPS has also procured equipment as required by the Farlam Commission of Inquiry Final Report, which mitigates the challenge experienced during the Marikana tragedy.
Those challenges mentioned in the report included that all radio communications should be recorded and the recordings should be preserved. Protocol should be developed and implemented for communication in large operations.
The Panel of Experts has extensively reviewed the first aid requirements and the recommendations will be made to the Police Minister.
Compensation
Government is ready to compensate the families of the Marikana victims.
“SAPS has instructed its attorneys to make offers of payments in full settlement of claims for the claims where quantification is complete and not under criminal investigation,” said President Zuma.
These quantified claims that can be carried forward include the majority of the ‘loss of support’ claims in favour of the deceased.
President Zuma said personal injury claims are still delayed by the fact that the Plaintiff Attorney is still considering to agree on one set of medical experts, which will be efficient both for the process and with regard to costs.
Statements from Marikana police
Warning statements have been obtained from senior members of SAPS, who were involved in the Marikana operation.
Certain matters and cases will be referred to the Directorate of Public Prosecutions in the North West for further investigation and to determine whether there is a basis for prosecution.
Meanwhile, a criminal case has been opened against a SAPS Major General for allegedly defeating the ends of justice. He is accused of having failed to exercise command and control at scene 2 and belatedly submitted his own firearm for investigation by ballistic experts.
The Independent Police Investigative Directorate (IPID) recommended prosecution of certain SAPS members for the offences of murder, attempted murder, defeating and/or obstructing the ends of justice. – SAnews.gov.za
