Marikana Strikes

STRIKE SEASON: OUR RIGHTS

Posted on November 23, 2012 by admin in Legal Talk

The Marikana miner’s strike in August was a wildcat strike – or more precisely, an unprotected strike –at a mine owned by Lonmin in the Marikana area close to Rustenburg.

The unprotected strike was followed by a series of violent incidents against the striking miners by the South African Police Service, Lonmin Security and the National Union of Mineworkers.

These violent incidents cost the lives of approximately 47 people, the majority of which were mineworkers killed on 16 of August. Another 78 workers were injured on the same date.

On 18 September it was announced that a resolution to the conflict had been reached and the workers accepted a 22% increase and once-off payment of R2 000. Workers would return to their duties on 20 September.

The massacre and ensuing protest, not only from the Lonmin employees, but also similar strikes at other mines across South Africa, collectively made 2012 the year with the most protest actions since the end of apartheid.

From a legal perspective the “Marikana Massacre” brings a number of issues to bear in Constitutional, Environmental, Labour and Criminal Law, as well as in personal and individual credit access.

Constitutional impact

Section 24 of the Constitution states that “Everyone has the right – (a) to an environment that is not harmful to their health or wellbeing; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that – … (iii) secure ecological sustainable development and use of natural resources while promoting justifiable economic and social development.”

The media reported in depth on the issues surrounding the Marikana incident.

“The benefits of mining are not reaching the workers or the surrounding communities. Lack of employment opportunities for local youth, squalid living conditions and growing inequalities contribute to this mess.” –...