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MARIKANA INQUIRY


The South African Human Rights Commission (“SAHRC”) is mandated by section 184 of the Constitution of the Republic of South Africa to:


a)    promote respect for human rights and a culture of human rights;
b)    promote the protection, development and attainment of human rights; and
c)    monitor and assess the observance of human rights in the Republic.

The SAHRC also has the necessary powers, as regulated by national legislation, to perform its functions, including the power to:

a)    investigate and report on the observance of human rights; and
b)    take steps and secure appropriate redress where human rights have been violated.

The SAHRC is further mandated by section 7(b) of the Human Rights Commission Act, 54 of 1994 (“the Act”), to maintain close liaison with institutions, bodies or authorities similar to the SAHRC in order to foster common policies and practices and to promote cooperation in relation to the handling of complaints in cases of overlapping jurisdiction.

In August 2012, the SAHRC received a complaint into allegations of human rights abuses relating to the incidents at Marikana and in accordance with the Act, the SAHRC is required to consider such complaints.  However, it was, and remains our view that it is most appropriate that theMarikana Commission of Inquiry conducts and completes its investigation as the outcome of that process will most likely speak to concerns raised in the complaint. The findings of fact undertaken by the Commission of Inquiry are, to a large extent, the findings of fact that will inform the SAHRC’s work in relation to the causes and consequences of the events on the 16th day of August 2012.   In order to avoid an inevitable degree of overlap between the scope of the Commission of Inquiry's and the SAHRC's investigations the SAHRC decided to participate in the Marikana Commission of Inquiry.

The SAHRC has adopted two roles in the Commission of Inquiry, both derived from its Constitutional responsibilities.

(a) First, the SAHRC has participated as a watching brief, monitoring both the evidence and procedure at the Commission of Inquiry.

(b) Secondly, the SAHRC has sought to represent the public interest in the promotion and observance of human rights. In that role, the SAHRC has brought evidence on specific matters, where it appeared that no other party would do so.

The evidence submitted by the SAHRC thus far:

Final written submissions of the Commission which were tabled before the Marikana Commission of Inquiry recently

Other submissions

SAHRC response to de Rover

Letter to Commission 04 October


Final statement by Mr Gary White

Annexure to the final statement of Gary White

Katherine Scott Evidence

Afidafit of Katherine Scott

2nd Afidafit of Katherine Scott

Avidafit of  Iain Mcarthur

KS3 Analysis of Reters

 

PHASE TWO

Annexure B_Comparative Analyses of SLP System Legislation and Guidelines[2]
Cover Affidavit_Unsigned_SLP Affidavit[3]
Covering letter to Phase Two submissions_20 Aug 2014[2]
Legal Framework for Corporate Accountability (Final)[1]
Lonmin Social and Labour Plan Analysis Qualitative and Quantitative Assessment (Final)[1]
Lonmin Social and Labour Plan Analysis Qualitative and Quantitative Assessment_ANNEXURE A[1]
Marikana Commission of Inquiry_SLP Affidavit_ANNEXURES A-E (FINAL)[1]
Marikana Commission of Inquiry_SLP Affidavit_Final_20140819[3]

VIDEOS

Affidavits

Henk V D Merwe Affidavit_Final
Yoav Dagan Affidavit_Final
Annexures to Dagan Affidavit_Fina

Annexure G Audio

C0006_1 fix6
C0010_1 fix5
C0011_1 fix6
C0012_1 fix1

 

Annexure V1 - Raw footage with timecode

Annexure V1.1 - Rowland Headgear (Exhibit CC37)
Annexure V1.2 - FLIR IR Camera (Exhibit CC38)
Annexure V1.3 - FLIR PTZ (Exhibit CC38)
Annexure V1.4 - Helipad Camera
Annexure V1.5 - NW WC Camera (Exhibit CC22)
Annexure V1.6 - Al Jazeera Camera (Exhibits JJJ194)
Annexure V1.7 - SABC Camera
Annexure V1.8 - ENews Camera (Exhibit EEE16)
Annexure V1.9 - Reuters Camera (Exhibits UU3, RRR17)
Annexure V1.10 - Channel 4 Camera (Exhibit JJJ194)
Annexure V1.11 - STILLS (multiple exhibits)

Written annexures

Annexure A - Separation of edited media footage
Annexure B - Synch points used in plotting evidence on master timeline
Annexure C - Diagrammatic representation of synch connections
Annexure D - Reasoning for time estimates
Annexure E - Evidence on master timeline
Annexure F - Screenshot of Adobe

 

Annexure V2 - Video presentation on the movement of strikers from koppie to the kraal [FINAL]
Annexure V2(a)- Animated presentation of the movement of- strikers from the koppie to the kraal
Annexure V2(b) Animated Double Speed
Annexure V3 - Video presentation on the use of water canon prior to Scene 1 [FINAL]
Annexure V4 - Video presentation on the use of tear gas and stun grenades at and around Scene 1 [FINAL]
Annexure V5 - Video presentation on the shots fired at Scene 1 [FINAL]

CALS Phase 2 video presentation

MARIKANA COMMISSION OF INQUIRY REPORT

ENDS

- See more at: http://www.justice.gov.za/legislation/constitution/index.html#sthash.vQme5ODl.dpuf

The South African Constitution

The Commission is available on social media

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To lodge a human rights violation complaint, click here.

or Call 011 877 3600
e-mail: complaints@sahrc.org.za

Provincial contact details are available here

 



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Upcoming Events

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Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

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SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.

Calendar

08 March – International Women’s Day
21 March - Human Rights Day
27 April – Freedom day
1 May - Workers day
03 May – World Press Freedom Day

[See more]