Still Ramaphosa is facing what could only be described as his annus horribilis. There’s the drama surrounding the alleged cover-up of millions of dollars in cash stolen from his Phala Phala game farm in Limpopo, the ongoing power crisis, rising food and fuel prices. ANC stalwart Dr Mavuso Msimang has called on him to step down while the Phala Phala matter is being investigated. (He probably won’t though and doesn’t have to – the ANC’s step-aside rule only affects those criminally charged).
The Marikana massacre will forever haunt Cyril Ramaphosa. Back in 2012, our president was serving as non-executive director of a mining house when a strike ended in the police killing 37 miners. It is one of the darkest chapters in our country’s history. An email exchange revealed that Ramaphosa called for the state to take “concomitant action” against violent, striking workers. He has since apologised for that remark, and The Marikana Commission of Inquiry cleared him of wrong-doing in 2015
But 329 miners who were injured or arrested at the time are not willing to let it go. They are embroiled in ongoing civil court action, looking to claim R1bn in compensation and punitive damages. In their sights are the State, the mining company Sibanye-Stillwater (formerly Lonmin) and, crucially, Ramaphosa himself – in his personal capacity and as director.
The miners scored a minor victory on Friday at the Johannesburg High Court. Although Judge Frits van Oosten disagreed with their argument that Ramaphosa incited the murder of their colleagues a decade ago, he did leave the door open for him to be linked to the massacre.
The judge effectively said the idea that Ramaphosa’s actions may have caused the massacre wasn’t too far-fetched to rule out. The miners now have six weeks to submit further particulars of their claim.
This is not a criminal case, but if the miners are successful in their civil action, they could take the findings of the Marikana Commission on review, City Press notes.
The Presidency was quick to try put out fires on Tuesday, emphasising that “the proceedings were not a trial and no evidence was led. The court was merely engaging in a legal debate”.
It said it was disturbing that “ongoing politicisation of this tragedy [was] leading to the unfair targeting and isolated allocation of responsibility to the president”.
The onus is now on the miners to legally prove if Ramaphosa is liable in any way. Both the mining company and Ramaphosa’s team have poked several holes in their existing argument. If they submit the same claim against Ramaphosa again, his lawyers can apply for the case to be dismissed in its entirety, News24 notes.
No one said the job was going to be easy, but damn. Good luck, Cyril. You’re going to need it.