Has the Farlam Commission lost its way?

When it was announced on the 23 August 2012, the SACP strongly welcomed President Jacob Zuma's decision to establish a Commission of Inquiry into the events and circumstances surrounding the Marikana tragedy. The commission is headed by retired judge Ian Farlam with an honourable track record as an advocate during the apartheid years, and later as a judge in the Supreme Court of Appeal.

However, the SACP's original positive reception of the commission has turned to increasing concern at the manner in which it is being conducted. We believed that the commission would essentially be an inquiry with investigative powers into the systemic underpinnings of the terrible tragedy that unfolded at Marikana. Clearly there are serious concerns around police procedures and of command control and coordination. Clearly, also, the tragedy of August 16 2012 occurred in the context of chronic levels of sustained violence and lawlessness in the informal settlements on the platinum belt in the weeks and even years preceding August 16. The responsibilities of the state, the mining houses, the established and emerging unions, the local municipalities, the traditional leadership structures all need objective and cool-headed examination.

However, instead of a well-focused commission of inquiry the proceedings have been turned into a lawyer-heavy, quasi-criminal court process, starring a bevy of highly paid advocates and their teams. Some of the lawyers appear to be more interested in vying for the limelight and claiming billable hours, than in making a serious contribution to establishing a common understanding of the tragedy. The commission is not a criminal court and its key role is surely to provide advice on strong remedial interventions to correct the systemic factors behind the tragedy.

This is all the more the case given the fact that the situation around Marikana remains extremely volatile. As the commission drags on, murders and violence continue, the police appear to be demoralised, claiming that their "hands are tied", and many of those responsible for actual crimes in the days preceding and following August 16 2012 remain at large and unpunished.

The SACP, whilst respecting judge Farlam, calls for a more focused investigation into all the issues that has had a bearing on the tragedy.

Statement issued by the SACP, August 6 2013

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