THE JUDICIAL COMMISSION OF INQUIRY INTO THE EVENTS AT THE MARIKANA MINE IN RUSTENBURG, NORTH WEST PROVINCE, SOUTH AFRICA DURING AUGUST 2012
STATEMENT SUBMITTED BY MATAMELA CYRIL RAMAPHOSA
l, the undersigned,
Matamola Cyril Ramaphosa
do hereby state as follows:
I am the founder and Chairman of Shanduka Group (Pty) Ltd ("Shanduka"), a black owned and managed diversified Investment holding company with interests in inter alia the resources, financial services, property, infrastructure, energy, and food and beverage sectors.
I am also the Deputy President of the African National Congress (ANC), having been so elected at the 53rd National Conference in Mangaung, in December 2012, In 2010, Shanduka (through its wholly-owned subsidiary Shanduka Resources (Pty) Ltd) acquired 50.03% in Incwala Rosources (Pty) Ltd ("Incwala Resources"), a black economic empowerment vehicle that owns, Inter alla, 18% in two South African registered Lonmin Plc ("Lonmin") subsidiaries, being Western Platinum Limited and Eastern Platinum Limited. Collectively these subsidiaries are referred to as Lonplats.
Other shareholders in Incwala Resources are the Industrial Development Corporation Ltd (IDC) with 23.56%, Lonmin with 23.56% and tho Bapo Ba Mogale community with 2.85%.
Shanduka therefore owns an effective -9% in Lonplats.
Shanduka has representation on Lonmin Executive Committee.
I was appointed as a non-executive director on the board of Lonmin in July 2010, which position I held until 31 January 2013.
This Commission is tasked with the responsibility of investigating the circumstances in which 44 people tragically lost their lives at Lonmin's Marikana Mine near the town of Rustenburg during August 2012.
Certain emails exchanged between Lonmin management and me were submitted by Lonmin as part of a bundle of documents (at pages 289a-f) relevant to phase 1 of 010 Commission ('the emails"). The emails are attached to my statement for ease of reference.
I am advised that reference has been made to the emails during the opening address by one of the legal representatives acting on behalf of the Lonmin Community Committee and some 272 persons who were detained by the South African Police Service during the unrest.
Particular focus in questioning of certain witnesses before the Commission has been directed to my email of 15 August 2012, sent to Lonmin management, in which l, inter alia, state the following:-
"The terrible events that have unfolded cannot be described as a labour dispute. They are plainly dastardly criminal and must be characterized as such. In line with this characterization there needs to be concomitant action to address this situation."
The statements made by the legal representatives in question (and in media publications) have incorrectly inferred that my engagomant with government ministers had a direct bearing on the tragic outcome of the events on 16 August 2012. Such an inference has no basis.
I contextualise the emails (and In particular my email of 15 August 2012), by, reference to the factual situation sot out hereunder:
In my capacity as a Lonmin non-executive director, was briefed by senior management of Lonmin regarding the escalating violence taking place at Marikana.
Arising from the violence, which included the brutal murder of six employees, two Lonmin security personnel and two police officers over the course of several days, Lonmin management took the view that this was not simply an industrial dispute and that Lonmin needed the SAPS to restore and maintain law and order and prevent further loss of life. Lonmin was anxious that government urgently be informed of the seriousness of the situation.
Accordingly, I undertook to speak with government. My motivation in so doing was to prevent the further loss of life and injury. The reference to 'concomitant action" in my email communication of 15 August 2012 was to indicate that appropriate steps should be taken to bring the violence and deaths to an end. I was calling for peace and for the necessary steps to be taken to save lives.
I discussed the matter with the Minister of Police, I stressed that the SAPS needed to take appropriate steps to ensure that they protect life and property and to arrest perpetrators of the terrible acts Of violence and murder. The Minister indicated to me that this was the SAPS objective.
I also discussed the matter with the Minister of Mineral Resources. The Import of my discussion with her was to bring to her attention the increasing acts of violence taking place at Marikana, which in Lonmin's view were criminal and which were not going to be resolved without political intervention. Minister Shabangu agreed with Lonmin's characterisation of the situation and indicated to me that she would the matter to the attention of the Cabinet and the President. She also indicated to me that she would discuss the matter further with the Minister of Police.
In my 15 August 2012 email, I did characterise the unrest as criminal and I stand by that characterisation. If one has regard to the incidences of escalating violence and the brutal murders that had already been perpetrated at the time of my email, such conduct was clearly criminal and certainly beyond the realms of what could be called a labour dispute.
The events of 16 August 2012 were truly tragic, but I submit that the tragedy is not linked in any way to my engagement with government ministers, which was initiated by me in an endeavour to prevent further loss of life.
I trust that this puts my emails and my role as a Lonmin non-executive director in the period leading up to the tragic events of 16 August 2012 in their proper perspective.
Dated on this 30th May 2013 at Chislehurston
Signed
Matamela Cyril Ramaphosa
Image of the email:
Issued by The Presidency, August 11 2014 (transcribed from PDF)
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