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Police Minister Nathi Nhleko has served the Marikana families and the miners who intend suing the department with a notice to defend the civil claims.
This appears to be a turnaround from a statement issued by President Jacob Zuma’s office two weeks ago.
The statement said the state would engage lawyers of the families and miners with a view to finding an alternative resolution to the court challenge.
On Friday morning, the Socioeconomic Rights Institute of SA, which represents the families of the deceased miners, received papers stating that government intended defending the civil claims – which could lead to years in delays for justice that the families and miners are seeking.
Lawyer Kathleen Hardy said she was confused by the intention to oppose.
“We issued summons against the ministry of police, which requested an extension to file responding papers.
“We allowed that. Then the presidency issued a statement to the media saying government would engage with us on alternative remedies.”
Hardy said the state attorney called on Friday saying the papers were only a formality as it did not want a formal judgment and still planned on settling.
“But nothing has been formally communicated to us or the other parties. The only formal communication is the intention to oppose.”
Andries Nkome, the miners’ legal representative, said they viewed this as a continued disrespect and emotional abuse of the victims.
“This makes it more difficult to communicate to our clients about what’s going on because the president is now blowing hot and cold.”
Ministry spokesperson Musa Zondi said the president’s statement was very clear.
He added that the law required government to file defending affidavits within the deadline even while working on the proposed alternative.
In a September 29 statement, the presidency said there would be engagement with the legal representatives of claimants, and it wold encourage them to negotiate.
“To the extent that some do not lend their co-operation, or it is not possible to resolve claims through mediation, government will seek to do so through the court process,” said the presidency
