Families of Marikana deceased demand payment from SAPS

The families of those killed during the Marikana massacre are demanding payment from the SAPS for loss of support and general damages incurred as a result.

The dependents of 36 of the miners killed by police at Marikana in August 2012 have given notice of their intention to sue the Minister of Police and the National Police Commissioner for damages. The families of the deceased will claim for loss of support and general damages.

Notices have been served on the SAPS in terms of section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002. That Act requires anyone claiming damages from the state to notify the state of their intention to do so within 6 months of the damage taking place. If payment is not made within 30 days of receipt of the notices, the claimants will institute actions to recover the damages owed to them by the Minister of Police and the National Police Commissioner. 

Most of the strikers killed at Marikana were the sole breadwinners in their households. Their family members have suffered irreparable loss of support following their deaths at the hands of police officers. Many of family members suffered severe emotional shock when they heard of the killing of their relatives, and now suffer from depression. Some familymembers suffered miscarriages while others died upon hearing of the killing of their relatives.

According to Nomzamo Zondo, attorney for the families of the Marikana deceased, "The Marikana Commission of Inquiry is ongoing and we are hopeful that it will make some important findings about what exactly happened on 16 August 2012 and in the days leading up to it. However, our clients believe that the SAPS used disproportionate force at Marikana, that this was unlawful, and that this use of force resulted in the deaths of their loved ones. They are accordingly entitled to reparations for the loss of support and general damages incurred as a result of the killings. We hope to receive a response from the SAPS as soon as possible."

More information on SERI's involvement in the Marikana Commission is available here.

Statement issued by Nomzamo Zondo, attorney at SERI, February 28 2013

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