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Govt to exclude compensation claims by Marikana victims under investigation

Cape Town – Government will exclude giving compensation to Marikana victims who are under criminal investigation and those that face possible prosecution, the Presidency said on Thursday.

Giving an update on the compensation process initiated after the Marikana Massacre, in which police shot 112 striking Lonmin mine workers – killing dead 34 of them – on 16 August 2012.

It resulted in the Farlam Commission of Inquiry and the suspension of national police commissioner Riah Phiyega.

In December 2015, President Jacob Zuma announced that government was committed to seeking an expedited resolution of legitimate legal claims instituted as a consequence of the shooting.

By March 2016, government had conceded 100% merits of legitimate legal claims, the Presidency said in a statement on Thursday.

“Instructions were given to settle claims including claims of unlawful arrest and detention claims, but the state will exclude those claims that are under criminal investigation and those that face possible prosecution,” it said. “Attorneys for claimants were urged to provide all information required for the settlement process.”

The Presidency said government is determining the amount and will make offer of payments in full settlement of claims in due course.

“To date, government has appointed an actuary to calculate the quantum of each claim,” it said. “Government is therefore preparing to make an offer once all loss of support claims have been completed.

“Proposed amounts for settlement of the claims of unlawful detention and arrest are complete,” it said, without giving any figures. “The Government legal team is now consulting with senior counsel and is ready to make an offer to settle these claims in the next few months.”

Regarding personal injury claims, the Presidency said government proposed that both parties use one set of medical experts to assist in quantifying these claims in order to reduce costs and to expedite the process of calculation and settlement.

“The calculation of personal injury claims can only commence once the state and the plaintiff attorneys agree on the set of experts to calculate the quantum of these claims,” it said.

President of the Association of Mineworkers and Construction Union (Amcu) Joseph Mathunjwa said on Tuesday – four years after the massacre – that the tragedy was a result of the “alliance between the ANC, South African Communist Party and the Congress of South African Trade Unions”.

He called for “President Jacob Zuma to apologise to the nation, compensate [Marikana] victims and declare August 16 a public holiday”, City Press reported.

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