MEDIA STATEMENT

TO ALL MEDIA/NEWS EDITORS

11 December 2016

UPDATE BY PRESIDENT JACOB ZUMA ON STEPS TAKEN BY DEPARTMENTS TO

IMPLEMENT FARLAM COMMISSION RECOMMENDATIONS

On 26 August 2012, I appointed a Commission of Inquiry to investigate matters of

public, national and international concern arising out of the tragic incidents at the
Lonmin Mine in Marikana, Rustenburg in the North West province, during 11 to 16
August 2012.
About 44 people lost their lives and many others were injured. The Commission was
chaired by Retired Judge Ian Farlam, assisted by Advocates PD Hemraj SC and BR
Tokota SC.
I released the Commissions report to the public in June 2015.

The progress to date on recommendations made by the Commission is the following:

THE DEPARTMENT OF MINERAL RESOURCES

The report from the inspection carried out on 25 June 2015 indicated that the company
Lonmin had completed the conversion of all their hostels, namely 776 family units and
1908 single apartments by December 2014, as per the Mining Charter requirements.

Prior to the Commissions findings, Lonmin was directed to amend their Social and
Labour Plan and the company submitted a revised Plan during October 2014, in which
they have addressed the housing needs by committing to build Infill apartments, which
apartments would replace the 5500 houses 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 and
Lonmin has been directed, on 23 September 2016, to revise this plan to address the
living and housing conditions of mineworkers.

An inspection by the 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 finalized by
the end of 2017.

However, progress is slow, compelling the department to contemplate sterner

measures. The Department of Mineral Resources 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 many be conducted at the mine, on a bi-monthly basis to ensure

compliance, and administrative action taken where necessary.

The Department will be finalising a regulation compelling mining companies to

immediately publicise their Social and Labour Plans, as well as their annual compliance
reports and implementation plans, as well as evidence of holding meetings with
stakeholders at least quarterly.

The Department will continue to engage with Lonmin as part of monitoring progress and
that capacity to this effect is being strengthened.

THE DEPARTMENT OF LABOUR

The current labour laws seek to address the historical adversarial nature of industrial
relations in the country, which is unfortunately still persisting.
A number of interventions have been undertaken following the release of the Farlam
Commission report.

The provision of financial resources and the training of shop stewards has been
undertaken, to deal with glaring issues of their ineffectiveness in providing information to
labour, evidenced by among others the proliferation of unprocedural industrial action.
The Department of Labour also runs Workers Colleges to provide training to union
leaders on various issues including dispute resolution procedures in line with the law.
The Labour Relations Indaba, which seeks to address the instances and the duration of
strikes, in the process addressing employer/employee relations, seems to be making a
positive impact.
Progress has been made, under the auspices of NEDLAC, to address strike related
intimidation, usually arising when a minority union seeks to compel the majority to join
the strike. Other initiatives include the Multi-stakeholder Rustenburg Peace Accord in
the Platinum Belt.
Consultations have been made with the SAPS in relation to the NEDLAC discussions
and will continue.
Furthermore, Amendments to section 150 of the Labour Relations Act gives the
Commission for Conciliation, Mediation and Arbitration (CCMA) the right to intervene in
industrial actions in instances of violence and where the public interest is negatively
affected.
The CCMA has been given more latitude to assist parties to conclude picket rules and
may even impose picket rules if parties fail to agree. This arose out of the tendency to
disregard picket rules.
The recently amended Labour Relations Act, the Basic Conditions of Employment Act
and the Employment Equity address the question of wage disparities of particularly rock
drillers and other employees. The principle of equal pay for work of equal value is today
part of the law.

In addition, the law now prohibits Labour Brokers from employing workers on terms and
conditions that are less favourable than those applicable to the employees of the client
to whom the Labour Broker employee renders services.
With regards to addressing wage disparities in the same sector, in 2012/13, the
Ministers of Labour (Ms Mildred Oliphant) and Minister in the Presidency for Women
(Ms Susan Shabangu) persuaded the platinum sector companies to test centralised
bargaining as a model.
For the first time in 2013, collective bargaining in the platinum sector was centralised,
meaning all platinum sector companies negotiated centrally. The elements of unification
of working conditions and wages level emerged in the three-year platinum sector wage
agreement concluded in 2014.
Regarding disparities within and across sectors, Deputy President Cyril Ramaphosa is
leading the National Minimum Wage in South Africa process.
Regarding long protracted strikes, the recently amended Labour Relations Act
empowers the 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. The Deputy President also leads stakeholder
engagements under the auspices of NEDLAC on how to prevent protracted strikes.
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.
On the majoritarianism principle which posits that the majority union set the rules and
can exclude other players if it so chooses by setting high entry requirements, the
recently Amended Labour Law provides recourse for a union that feels unfairly excluded
by the majority union. They can approach the CCMA to hear their case.

The protocol on majoritarianism has been developed by the CCMA but requires to be
tested during strike action where there is a dispute around representivity. Such has not
occurred as yet.
SOUTH AFRICAN POLICE SERVICE
The progress on the implementation of the recommendations A to G, Chapter 25 of the
Marikana Report is as follows:
The Commission recommended with regard to Public Order Policing that a panel be
established to perform the tasks set out in paragraphs 8, 9 and 10 of the Farlam
commission report.
The 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.
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 SAPS, as outlined by the
Farlam Commission of Inquiry Final Report.
Regarding the recommendation that the operational decisions on police operations must
be made by an officer with overall command, relevant training skills and experience in
Public Oder Policing and that the Members of the Executive, in particular the Minister of
Police should only provide policy guidance, the following has been done by the police
service;.

D Police Equipment

Interim recommendations on police equipment are currently being drafted by the Panel
of Experts. The 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 included the following as mentioned in the report:
1) All radio communications should be recorded and the recordings should be
preserved. Plans for Public Order Policing operations should identify the means
of communication which SAPS members will use to communicate with each
other.

2) A protocol should be developed and implemented for communication in large

operations including alternative mechanisms where the available radio system is
such that it will not provide adequate means of communication.

3) The SAPS should review the adequacy of the training of the members who
use specialised equipment, such as water cannons and video equipment,
and ensure that all members who may use such equipment are adequately
trained to do so.

4) All SAPS helicopters should be equipped with functional video cameras.

5) The SAPS should review the procurement, servicing and training processes
which have had the result that expensive equipment purchased by the SAPS
cannot be used, either adequately or at all.

With regards to First Aid, the Panel of Experts has extensively reviewed the First Aid
requirements and the recommendations will be made to the Police Minister.
With regards to accountability, a Board of Inquiry was established chaired by Judge
Claasen, to look into the fitness to hold office of Commissioner Riah Phiyega. The
Commission has concluded its business and will present its report to the President.
Regarding the compensation for the Marikana victims, government is ready to pay. The
SAPS has instructed its attorneys to make offers of payments in full settlement of claims
for the claims where quantification were complete and are not under criminal
investigation.
These quantified claims that can be carried forward include:

The majority of the loss of support claims in favour of the deceased.

The 275 unlawful arrest and detention claims are quantified, complete and ready
for settlement. Only one of the claimants has charges pending, and the outcome
is still awaited.

Personal injury claims - One action comprising personal injury claims in respect of 275
individuals and 81 separate actions relating to individual personal injury claims. The
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.
With regards to healing, in August, 12 2015, North West Premier Mr Supra Mahumapelo
established the Marikana Reconciliation, Healing and Renewal Committee to promote
healing, cohesion and lasting peace among the communities in Marikana.

On 30 June 2014, the North West provincial government set aside over R460-million for
housing projects in the platinum mining area of Marikana, as part of measures geared
towards long-term stability in the country's mining industry.
The provincial government, in partnership with Lonmin committed to building 2 000
housing units over a period of three years.
On January, 6 2016 Premier Mahumapelo handed over two houses to Piet Stompie Tlou
and Dorah Diremela on behalf of President Jacob Zuma.
Human Settlements Minister Lindiwe Sisulu handed over a R700 million Housing
Project in Marikana, indicating that the Marikana Housing Project will yield 2 600 units
upon completion. At that time, 544 housing units had been completed.

THE DEPARTMENT OF JUSTICE AND CORRECTIONAL SERVICES

On the part that certain matters and cases be referred to the Directorate of Public
Prosecutions in the North West Province for further investigation and to determine
whether there is a basis for prosecution, warning statements have been obtained from
senior members of SAPS who were involved in the operation.
A criminal case was opened against a Major-General in the SAPS 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 the
ballistic experts, and that the paramedics under his protection were diverted to scene 2
instead of giving medical attention at scene 1.
A case was opened against a Brigadier for allegedly defeating the ends of justice by
failing to secure recordings of the extra-ordinary meeting of SAPS management
(January 2016).
An attempted murder case has been opened for some police officers for the miners who
were hospitalized with gunshot wounds on the 13th August 2012, as per the directive
from NPA).

The Independent Police Investigative Directorate (IPID) - recommended prosecutions of

certain SAPS members for the offences of murder, attempted murder, defeating and/or
obstructing the ends of justice, contravention of Section 33 (3) of the Independent
Police Investigative Directorate Act 1 of 2011 (IPID Act), contravention of Section 28
read with Section 29 of the said Act, and contravention of Section 6 (2) of the
Commissions Act 8 of 1947 by giving false testimony.

Investigations found a Major General who was responsible for overall command of the
SAPS operation at Marikana, to have been remiss in his conduct when dealing with the
incident of 13 August 2012, which led to the deaths of two police officers, namely,
Warrant Officer Lepaaku and Warrant Officer Monene, as well as three strikers, Mr Mati,
Mr Sokhanyile and Mr Jokanisi.

He also allegedly ignored the advice of experienced Public Order Police officers on
dealing with the crowd control situation and contravened the SAPS Standing Order
#262 relating to crowd control.The officer faces four counts of murder for the deaths of
two police officers and two of the strikers and six counts of attempted murder in respect
of the five injured miners and one police officer.
He also faces charges of defeating and/or obstructing the ends of justice, as well as
contravention of section 6 (2) of the Commissions Act by falsely testifying at the Farlam
Commission and denying his role in ordering the police to fire teargas at the strikers.

A Brigadier heading the provincial detectives unit, another Brigadier who was in charge
of detectives at the detention centre and a Major have been charged for defeating the
ends of justice by concealing a death in police custody.

A Colonel, Warrant Officer and a Constable have all been charged

for the murder of Mr Sokhanyile.

A recommendation has been made that the Colonel should further be charged with
defeating and/or obstructing the ends of justice and contravention of 6(2) of the
Commissions Act for falsely testifying at the Farlam Commission about Mr Sokhanyiles
death.
With regards to death from the delay in providing medical attention, reports indicated
that a Major-General diverted medical personnel for the injured strikers at Scene 1. The
Commission recommended investigations, which are still not yet concluded.
Forensic, ballistic and other evidence, including the authentication of incident footage
are still outstanding. Also, indications are that the police might have tampered with the
crime scene.
Lastly, charges for contravening Section 6(2) of the Commission Act, Act no 8 of 1947
for misleading the Commission are also under consideration. The matter has been
handed over to the National Prosecuting.