Constitutional Development on commencement and operations of Marikana Commission of Inquiry briefing by Minister of Justice

Journalist: Minister, is there any expectations of any form of resistance from the miners or the Marikana community members as the Commission executed its duties?

Minister Radebe:  replied that the powers of the Commission were lawful and it was not expected that any individual, community or government department should resist the operations of the Commission.

Journalist: Is four months enough to investigate all the events which happened, taking into consideration how big the tragedy was?

Minister Radebe:  replied that the investigation was an urgent issue and had to be treated with extreme urgency but the Commissioners were going to decide whether the four months were adequate or not.

Journalist: How soon will the President promulgate the Regulations?

Minister Radebe:  replied that the regulations were in the final stages and it was expected that the President was going to sign them on the 21 September 2012 and it will be released on the 24 September 2012. 

Journalist: Is the presence of the army in Marikana a hindrance and is it not going to fuel more tension? Also, is the government considering the request by COSATU for a second commission of inquiry?

Minister Radebe:  replied that he did not think that the presence of the army was a hindrance because the army was in Marikana in support of the police services so any hindrance was not foreseen. The army was there essentially to protect the citizens and their property in the area. 

Mr Radebe: further replied that he had not seen the statement by COSATU but as and when such a statement is provided to the government, the President was going to apply his mind to it and determine whether another commission would be required.

Journalist: Can you comment on the fear expressed by the Portfolio Committee of Justice and Constitutional Development about the possibility of duplication of functions in the investigations and which investigation takes priority and whether there would not be stepping on toes in the execution of functions. How much had the Department of Justice earmarked for the Commission with regards to finance?

Minister Radebe:  replied that there was no duplication of investigations. The Commission of Inquiry had specific terms of reference and the Human Rights Commission had a constitutional mandate while the SAPS could continue doing its own investigations. There was not going to be any stepping on toes as the Commission had the power to demand other investigators to provide them with information.

Ms Msomi: replied that the start-up cost for the Commission was an amount of around R24 million which the Department was funding from its base-line until it received funds from the National Treasury. This included salaries, operations and other start-up costs. The second level of the investigation was estimated to cost between R44 million and R50 million. 

Journalist: What is the Minister’s to the position of the Democratic Alliance and some constitutional experts that the proclamation for the deployment of the defence force to Marikana by the President was too broad and unconstitutional.

Minister Radebe:  replied that the constitutional experts and the Democratic Alliance were wrong as there was nothing illegal or unconstitutional in the deployment of the defence force. All the constitutional processed had been complied with by the President so those who claimed that the Act was unconstitutional were wrong. The events of the past few days had showed how appropriate the decision by the President was.

Journalist: What was the Minister’s view on the call for an Independent Commission of Investigators and was the Commission of Inquiry not going to be influenced by the ANC or COSATU.

Minister Radebe:  replied that he did not know about the International Independent Commission. As and when it was presented to the government, it was going to be considered but currently, the Commission of Inquiry was the most independent commission of inquiry which could be found. It was comprised of a retired judge of the Supreme Court of Appeal and two Advocates of the High Court of South Africa and the regulations gave them powers to ensure that they got to the bottom of the truth. The ANC was not a party to the incident and he did not know how it could influence the Commission.

The briefing was closed.