9 November 2012
Members of the media are advised that the Marikana Commission of Inquiry will reconvene at Rustenburg Civic Centre on Wednesday 14 November 2012 at 10h00.It will not sit on Monday 12 November and Tuesday 13 November 2012. During the two day adjournment evidence leaders and legal representatives will consult with witnesses and other parties in preparation for Wednesday’s hearing. Commissioners will use the time to apprise themselves with documents relating to forthcoming testimony .Upon resumption of proceedings we will continue with testimony from the South African Police Service(SAPS) followed by witnesses from AMCU and injured protestors.
During the past week, the Commission heard testimony and presentations which included photo and video footage from SAPS regarding the days leading up to and including the shootings on 16 August 2012.
The Commission has also finalised the content of Phase 1 of the Commission’s proceedings as follows;
1. The first phase of the Commission will examine the events of 9 to 16 August 2012 at Marikana which led to the deaths of at least 44 people, more than 70 people being injured, approximately 250 people being arrested and damage and destruction to property (“the events”).
2. The first phase will be confined to the following issues:
2.1. An investigation of the facts directly relating to and relevant to the events themselves.
2.2. An investigation of the lawfulness of the conduct of the SAPS and its members in fatally shooting 34 people on 16 August 2012 and in injuring protestors who were not fatally wounded.
2.3. An investigation into whether participants in the crowd of protestors at Wonderkop on 16 August 2012 should be held criminally liable for the death of 34 of their fellow protestors and/or in respect of the alleged attempted murder or assault of SAPS members at the scene.
2.4. The direct causes of, and legal responsibility of any party for, the deaths and injuries to any persons and damage to property at Marikana during the period 9 to 16 August 2012.
Various other themes as indicated in the Terms of Reference will form the subject of the Commission’s hearings upon completion of Phase 1.
Adv. Kevin Malunga
Cell: 082 466 8968
Issued by the Marikana Commission of Inquiry