SAHRC defends Marikana probe

2012-09-13 22:24


Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The SA Human Rights Commission (SAHRC) has defended its decision to investigate the Marikana tragedy.

It said on Thursday it was acting within its constitutional mandate.

In terms of the Constitution, the SAHRC had to investigate and report on the observance of human rights, and to take steps to secure appropriate redress where human rights had been violated.

"The SAHRC is therefore far from wasting resources...

"The SAHRC is an independent Chapter Nine institution subject only to the Constitution and the law," it said.

It had recently spoken to the parliamentary portfolio committee on justice, where members had expressed concerns about a possible duplication of Marikana probes.

The committee acknowledged the commission's independence, but was concerned about potential conflicts of interests, wasteful costs incurred by duplicating investigations, and the scope of the SAHRC commission.

President Jacob Zuma has also set up a commission of inquiry into the Marikana violence that has claimed 45 lives so far.

The SAHRC said the concern that it would damage the ability of witnesses to give evidence, and that the investigation could lead to conflicting versions, was without foundation.

"We have indicated to the portfolio committee that we will present our findings before the Farlam Inquiry [appointed by Zuma] and it is for the inquiry to decide on the quality of the evidence before it," it said.

The SAHRC would focus on possible human rights violations and submit its findings to the inquiry.

"It is within the mandate of any commission of inquiry to decide what is interfering and what is not."

The SAHRC's investigation was launched at the request of a non-governmental organisation, which complained that the victims' right to life had been infringed upon.

It was obliged to address the complaint and the prima facie rights violation to which it referred.

"We feel the objections are based on a misunderstanding of what the SAHRC is in fact doing in relation to the Marikana situation and a misunderstanding of its powers and mandate as provided for by the act of Parliament," it said.

It was not conducting an independent investigation and would not make a final, independent finding on whether rights were violated.

Instead, it was bringing proceedings in its own name, on behalf of individuals whose rights were violated.

This fell squarely within its powers, duties and functions.

A month ago, 34 people were shot dead by police at Lonmin's Marikana mine. Another 78 people were injured.

The violence was apparently sparked by rivalry between two unions.


Read more on:    sahrc  |  jacob zuma  |  north west  |  mining unrest  |  marikana inquiry

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


Madonsela to probe ANC food-for-votes claims

Public protector Thuli Madonsela has launched an investigation into whether the ANC has used state resources for its electoral campaign, says a report.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
  • Thursday Cape Town - 05:35 AM
    Road name: Buitengracht Street
    TRAFFIC LIGHTS not working at Waterkant Street
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now! - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Samsung Galaxy S III 16GB

There are no straight lines in nature. The Samsung  GALAXY...

From R3525.00

I'm shopping for:


You may be good at organising events but they do take their toll on your energy levels. You may need some time out today just more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.