Joint Statement: Court delivers Marikana protest victory!
16 August 2018
Today the North West High Court has made an order in favour of the right to protest, in effect dismissing an attempt by Tharisa Minerals mining company to stop a protest on the anniversary of the Marikana Massacre.
This follows a months-long struggle by the Marikana Youth Development organisation and the Right2Know Campaign to assert their right to protest and march on Tharisa Minerals, which is the target of a number of community grievances. Again and again, marches have been unlawfully stopped by Rustenburg municipality, SAPS and Tharisa management (see background here and here).
Last night Tharisa’s lawyers at Cliffe Dekker Hofmeyr brought an urgent application to interdict any protest outside the Tharisa Mineral mine in Marikana.
We are glad to note that Judge Chwaro of the North West High Court has granted an order to allow the protest to go ahead and did not grant Tharisa Mineral’s interdict against R2K and MYD members. This is an important recognition of the right to protest, and a welcome blow against the pattern of abuse of legal processes that mining-affected communities often experience.