Minister of Justice and Constitutional Development briefing on developments in the Mining Industry

Journalist: It was precisely the attempt to enforce the law vis-à-vis dangerous weapons and illegal gatherings that led to the shootings on 16 August 2012. How are you going to enforce these laws without shooting again?

Journalist: Will you deploy more police to these affected areas to make these arrests?

Journalist: Is this a state of emergency? If not, what is the difference?

Minister Radebe: No, this is not a state of emergency, but we want to stabilise the country and bring about normality in the mining sector. We can no longer tolerate acts of intimidation, illegal gatherings and the carrying of illegal weapons in South Africa. This is what we want to prevent. Those who want to go to work should be allowed to do so without any intimidation. 

Minister Mthethwa: We are making a call to say people should not carry dangerous weapons. No government would allow that to happen. This can't be the normal thing. Even after the tragedy of Marikana, people continue to die. People are still being hacked to death. What we are saying is that we have an obligation as government to ensure that people are safe.

Minister Cwele: What is key is that we all know that these dangerous weapons kill our citizens. They are not just decorative things, they actually kill our people. The police and other law enforcement officers will deal with those who are breaking the law. We appeal to the nation not to engage in these illegal gatherings. There should be no more carrying of illegal firearms at these gatherings. Participation in illegal gatherings will not be tolerated by law enforcement anymore.  Incitement of violence will not be tolerated anymore. This is the key message. We appeal to all members of the public to co-operate with law enforcement officers who want to ensure peace and stability in communities.

Journalist: We need to know if the government will employ more police or the military to help with the situation.

Journalist: How are you going to do this without shooting?

Minister Radebe: We are going to do everything possible within the Constitution to ensure normalcy and peace prevails. Whether we deploy more police or whatever – we'll do everything to ensure that peace prevails.

Journalist: The government recently released a statement condemning Julius Malema for what it described as interfering in the functions of the SANDF and warned that going forward, people would be arrested. Does this statement amount to a warning for him or do you intend to actually go ahead and arrest him?

Minister Radebe: The statement of government was not directed at any specific individual. It is a statement that wants to ensure that peace and stability is maintained in the country. So, the statement about the individual that you just mentioned is not included in our statement. But, all those who break the law, regardless of who they are, will be met with the full weight of the law. That is what we want to say. 

Journalist: Minister Cwele mentioned that incitement of violence will not be tolerated. Which legislation will be called upon to enforce this? Will we see miners being told to lay down their weapons today?

Journalist: How will the government’s message be communicated to the strikers? Are you going to drop pamphlets? How are you going to get the message across? What timeframe will be given for the gatherings to disperse completely? Why has the government taken so long to respond? By all accounts, they were engaged in illegal industrial action to begin with.

Journalist: What is the definition of “illegal gathering”? What constitutes being a weapon? Is it a stick that you're carrying – what exactly does this constitute?

Minister Mthethwa: the state of South Africa is blessed with many laws that prohibit illegal gatherings. Our Constitution allows people to demonstrate but to do it unarmed. Therefore, those who break the law will be deal with. We have just started communicating this to the people in the areas and communities affected. It will also be communicated by way of word of mouth and radio stations. All means of communication will be used. Illegal gatherings – our statute book also contains offences that are under illegal gatherings. Law enforcement officers are very acquainted with the laws that are applicable.

Minister Radebe: Law enforcement agencies have always said that people should not keep dangerous weapons. There was never an instance where this matter has not been discussed with the people. But, we are saying that this cannot go on and people must hear our call. 

Journalist: Are you going to deploy the army to these areas? Is there a possibility that you will be disarming people who gather? Even a rock can be a dangerous weapon. How are you going to enforce this?

Journalist: Minister Gordhan, can you give us an indication of the cost to the economy as a result of this unrest? The President said that action would be taken against instigators of violence. Can we expect a number of arrests to be made in the near future?

Journalist: The National Union of Mineworkers released a statement earlier this week that said there are “dark forces” behind the unrest. Can we get a statement from the Minister for State Security on whether there is any evidence for who these dark forces are? A question for the Minister of Mineral Resources – Minister, have you been approached by mine owners with regards to what is happening in the mining sector and what their concerns are?

Minister Radebe: The police in South Africa are responsible for maintaining safety and security n the country. This will be an operational matter so the issue will be decided by the operational people. The police are well acquainted with how to enforce public order so they have those instructions. Of course, action will be taken against instigators. If anyone, regardless of who they are, breaks the law, they will be dealt with.

Minister Shabangu:  We are engaging with the mining industry on a regular basis. It is a cause for concern for all of us and we're looking at ways to ensure that the environment stabilises in the mining industry. We are all concerned about the future of the economy and the mineworkers. We are all working together to find the best way to have stability in the sector.

Minister Gordhan: You will remember that we estimated that growth for this year would be around 2.7%. You will also remember that in the first quarter growth wasn't that good. In the second quarter it jumped to about 3.2% and that jump was largely due to the recovery from the previous strike in the mining industry in the first quarter. If this instability continues and the lack of production persists, the cost will be felt in terms of the overall growth in South Africa. Secondly, it will be in relation to the production of mineral resources, which constitutes an important part of the export package in South Africa. If we export less and continue to import at the rate that we are, it widens the current account deficit which currently stands at over 6% and it means that we are relying on savings from other countries to come into South Africa in order to keep the current account deficit satisfied. The third implication is on employment. We cannot allow a set of activities to go on which threaten to increase unemployment numbers. Fourthly, and very importantly, everyone is South Africa has a responsibility to ensure that we boost confidence in our country and economy. The incitement of violence undermines confidence in the South African economy, and if we undermine confidence we undermine investment both from South Africans and from foreigners. That's why we need to work together to stop what is going on, or it will affect our economy more than we know.

Journalist: Are we going to continue use live ammunition if you do not succeed in taking action against illegal gatherings? Is this not in fact a state of emergency? And in light of what this country has come from, is it not tragic that in democratic South Africa, this is what we are now doing?

Journalist: What is the definition of an illegal gathering? Are we also looking at disruptions in the Western Cape where people are closing down highways? Or is the action that the government is going to take just going to focus on the mining industry up north?

Minister Radebe: This is not a question. This press conference was convened to discuss issues around the mining industry. So it does not affect the Western Cape. I have already been clear about what an illegal gathering is. Law enforcement agencies already know how to apply the law without any fear, favour or prejudice. The question about live ammunition – it is an operational matter, so we will not answer that question. State of emergency? We already indicated that this is not a state of emergency. We want to bring back public order in those affected areas so that the economy of our country can run normally. So all those involved in illegal activities will be deal with swiftly.

Thank you for your attention.

The media briefing is closed.