Thursday 25 May 2017

Marikana: what happened, who is responsible, and what can be done?



Marikana: what happened, who is responsible, and what can be done?

I am an alumnus and a retired professor from (and elected fellow of) the University of Cape Town with which I was associated for 40 years.  A few days ago, I visited UCT to discover that, among other of its key sites, the Memorial to those who gave their lives defeating Nazism had been defaced by graffiti saying “REMEMER MARIKANA”.  This misspelled demand has persuaded me to do just that.

The Marikana Massacre occurred at a mine owned by Lonmin Pic, a company in which Deputy President Cyril Ramaphosa (an important contributor in the CODESA negotiations that led to the end of the apartheid government and in the preparation of South Africa’s Consitution) was a significant shareholder and director.  Lonmin has also been accused of perpetuating apartheid working conditions for its workers while shifting profits to Bermuda in order to avoid paying  South African tax at the urging of Incwala Resources (Pty) Ltd a company under Ramaphosa’s  control.   Furthermore, he was at the Lonmin board meeting of the 25th of July where a decision was taken that the Marikani strikers mustn't be engaged.   Finally,   built up the biggest and most powerful trade union in South Africa—the National Union of Mineworkers (NUM), which was intimately involved with Lonmin concerning actions that precipitated the massacre.

The Marikana “blood bath” (34 dead, more than 70 wounded) was perpetrated by Special Task Force (STF), an ‘elite’ special police unit created by the apartheid regime to deal with counterterrorism,  insurgency and hostage rescue.  During the shooting, the STF ultimately used submachine guns loaded with live ammunition in what is undeniably the worst abuse of South African police action since the shootings at Sharpeville by apartheid police in 1960.  Like at Sharpeville, most of the victims were shot in the back, and many victims were shot far (as much as 300 m) from police lines.  
  
Lonmin’s  reaction to the massacre was to blame the union involved with the strike and to demand that workers return to work or face dismissal.  After delaying medical treatment for the wounded protesters, the police, in turn, arrested 270 of them, charging them with murder. Of those arrested, 150 claimed to have been beaten while under custody. 
  
Rightfully, Zuma called for the creation of the Farlam Commission to investigate this atrocity.  After nearly three years since the massacre, this commission has now issued a 600+-page report which is strongly critical of Lonmin, unions and the police, but exonerates Ramaphosa and relevant ministers in Zuma’s cabinet.   However, even before the report’s release, Zuma indicated his personal position on the matter by saying to a crowd of university students:

“Do not use violence to express yourselves, or I might be forced to relook at the apartheid laws that used violence to suppress people.”

In his brief (30-minute) testimony to the Farlam Commission, Ramaphosa admitted to “being briefed by senior management of Lonmin on the escalating violence taking place at Marikana” and that “Lonmin was anxious that government urgently be informed of the seriousness of the situation.”   The e-mail from a senior Lonmin boss to Ramaphosa said: "We need help. I urge you to please use your influence to bring this over to the necessary officials who have the necessary resources at their disposal."  Ramaphosa also quoted an e-mail he sent to Lonmin on the day before the massacre: 
“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.” “Accordingly, I undertook to speak with government.” “I discussed the matter with the then Minister of Police [Nathi Mthethwa]. I stressed that the SAPS needed to take appropriate steps to ensure that they protect life and property and to arrest the 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 [Susan Shabangu]. 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 bring 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.”
So, Ramaphosa, Zuma and his relevant ministers understood what was going on at Marikana and Ramaphosa agreed with Lonmin bosses that the protester were criminals.  Ramaphosa then used his political connections to discuss the protest with the Ministers of Police and Mineral Resources who, in turn, used their positions to engineer what needed to be done with Zuma. 
The actual task of leadership in dealing with protesters was delegated to North West provincial commissioner Lieutenant General Zukiswa Mbombo, a long-time employee of the Police Force whose primary experience was in matters relating to medical aid and finance.  She had no training in international public order policing (POP).  Mbombo reported to National Police Commissioner General Riah Phiyega (appointed only two months prior to the massacre) whose only post-school, formal training was in social science/work.  She had no career experience in police work.  Despite subsequent statements to the contrary, on the day before the massacre, Mbombo, for reasons never explored closely, had decided to deal decisively with the strike and fully briefed Phiyega on what was to be “an ill-planned, poorly commanded” operation to disperse, disarm and arrest protesters.  She will be remembered forever for saying on 16 August 2012: "Today we are ending this matter."

So, in the end, who is accountable for the massacre? It seems impossible to link individual police personnel to the shooting of individual protesters, but one possible solution would gather the policemen with the relatives of the dead protesters and have them recount their respective roles in the massacre.  This might be of help in future civil trials for financial compensation from Lonmin and the police.  

If the ANC government were as ‘honourable’ as the apartheid regime both police commissioners and government ministers should be removed from office and/or stripped of salary/pension benefits, as was Minister of Police and Justice Jimmy Kruger for his responsibility with regard to Steve Biko’s murder.  For his irrefutable leading role in Rhodes-like exploitation and oppression of black miners and his other questionable business and political dealings, Ramaphosa should perhaps suffer the same fate, or at least be banned from contesting for the presidency of the ANC and of South Africa.   

For Jacob Zuma, I suggest that, like with the “crook” US President Richard Nixon, he should be at least be forced to resign from office and, ideally, be charged and, if convicted of crimes committed, sent to jail.  As a legacy of this sad history, a statue of him could be placed on the site at the University of Cape Town from which that of Cecil Rhodes was removed, or maybe conspicuously outside Nkandla.  This statue could be marked by a plaque that bears one of three famous quotes: “Once you’ve lost your integrity, the rest is easy” (TV actor Larry Hagman in his role as J.R. Ewing), “Power tends to corrupt, and absolute power corrupts absolutely” (Lord Acton) or, perhaps most appropriately, Groucho Marx’s “If you don’t like my principles, I have others”.

To end on a more positive note, I quote an actor from the long-running  TV show Law and Order, “Babies are not born good, they’re born innocent”.  The best example of the truth of this statement is my then (1984) five-year-old daughter’s reply to the question “How many blacks are there in your school class.”  Despite the fact that more than a third of her fellow learners were ‘black’, her reply was simply “What do you mean by black?”

My advice to fellow South Africans is “Use the ballot box, peaceful protest and communications to the media to ensure that criminals in and outside of government are charged and, if convicted, punished, and not be rewarded with taxpayer-sourced payouts.  Also, insist that constitution be changed to require parliamentarians to be elected from, and live in, the neighbourhoods that they are meant to represent.”
 
Based on what has happened so far in my lifetime, this should be achievable during the rest of my life.  Then perhaps I can die in peace. 

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