Statement by the Chairperson, Adv. Lawrence Mushwana on Marikana Investigation in relation to the Farlam Commission of Inquiry.

22 Monday 2012

ATTENTION: Editors and Reporters

At a Press briefing on the sidelines of the Farlam Commission Rustenburg Civic Centre.
The South African Human Rights Commission (SAHRC) will be participating in the Farlam Commission of Inquiry as an interested party. This is in keeping with our constitutional mandate. We do not intend to conduct a parallel investigation.

We have therefore decided to preliminarily suspend our investigation of the complaint we received pending the outcome of the Commission of Enquiry. A final decision of what will happen to the complaint that we received will be taken at the conclusion of the Commission of enquiry.

Rather, we will make submissions based on our work as the country’s national human rights institution, charged with the monitoring of human rights in South Africa. We received a complaint into allegations of human rights abuses relating to the incidents at Marikana.

In accordance with the Act, the SAHRC is required to consider such complaints.
Our submissions will focus on:

• The general standards of procedure regulating police conduct in a constitutional democracy;
• The extent to which business enterprises, such as Lonmin, have legal obligations to the communities with which they work;
• The extent to which governance structures and, including local government and co-operative governance, failed to protect the fundamental rights of the workers and their families. This includes the right to water and sanitation, decent living conditions, and as meaningful beneficiaries of the wealth they are extracting.

Our submissions will be made by through the Commission’s legal representative and where necessary through its Commissioners. We will also be represented by the Centre for Applied Legal Studies, who are our attorneys of record.

END

For more information, please contact:
Isaac Mangena
SA Human Rights Commission
Head: Communications
071 884 8273