Day: July 6, 2022

President Cyril Ramaphosa has welcomed a ruling by the high court in the Sivuka vs Ramaphosa civil matter which relates to the events of at Lonmin Mine at Marikana in the North West where striking miners tragically lost their lives.

The matter was brought to the high court by family members of those miners and sought to have President Ramaphosa – who was part of the Lonmin Mine board at the time – bare legal duty for the events that transpired on that day.

The High Court in Johannesburg handed down judgement on the matter last week.

In a statement, the Presidency clarified pertinent matters in that judgement.

“First, the high court agreed with the President’s arguments and held that the plaintiffs had not established that the President bore any legal duty in relation to the Marikana tragedy. Furthermore, the court made no finding that the President was in fact the cause of harmful conduct.

“Second, the court rejected the plaintiff’s argument that certain email communications from President Ramaphosa sought to call for the murder of the striking workers. The judgement stated that the plaintiffs’ argument against the President ‘is not only far-fetched but also irreconcilable within the context of the email communication contents as a whole…,” the Presidency said.

Furthermore, the Presidency said the court proceedings were “not a trial and…the court was merely engaged in a legal debate regarding the plaintiffs’ allegations” against President Ramaphosa.

“[The] high court agreed with the President that there was no factual basis pleaded for the allegation that collusion between the President, the government and the senior police would have led to deaths of workers.

“[On] the allegations that the President Ramaphosa owed a duty of care to the plaintiffs due to his role as director of Lonmin, the high court agreed with the President that the allegation was incorrect as a matter of law. In the judgment the court said, “… The allegations pleaded do not show that the first defendant owed the plaintiffs legal duties, and he therefore cannot in law incur liability to the plaintiffs in delict in his capacity as director of Lonmin, or ‘in pursuit of his personal interests and those of Lonmin’,” the Presidency said.

The Presidency said the events of the tragic day remain a sorrow for the country.

“The tragic events of August 2012 in Marikana that led to the death of 34 people remain one of the most distressing moments of the post democratic era and a blight in South Africa’s contemporary history that will be forever etched in our hearts and minds.

“10 years later our hearts still go out to families who lost their loved ones. The violence and the killings that occurred should have never happened. We are still resolute and united in our condemnation of the brutal acts we witnessed,” the Presidency said.

Source: South African Government News Agency

President Cyril Ramaphosa will on Wednesday attend the mass funeral service for the 21 young people who died last week in East London in the Eastern Cape.

The teenagers – some as young as 13 – passed away at the Enyobeni Tavern in Scenery Park, East London in the early hours of Sunday, 26 June 2022.

According to the Presidency, the President will be joined by Eastern Cape Premier Oscar Mabuyane and provincial and local government leaders in comforting the families of the deceased youth.

The service will take place at Scenery Park Sports Field, East London from 09:00.

In his weekly letter to the nation on Monday, President Ramaphosa called on civil society, government and communities to come together to fight the scourge of underage drinking in South Africa.

The President said the growing trend of underage drinking is not only illegal but also psychologically and physically detrimental.

“The increased social acceptability of young people drinking alcohol has become a serious problem in a country where the majority of the drinking population are already classified by the World Health Organisation as binge drinkers.

“Alcohol use amongst adolescents is associated with impaired function, absenteeism from learning, alcohol-related injuries, suicidal thoughts and attempts, and risky behaviour,” he said.

Source: South African Government News Agency

KwaZulu-Natal Social Development MEC, Nonhlanhla Khoza, has urged society to unite against the continued murder of women in the province.

“It is imperative for the communities not to be silent, but isolate all those involved in gender-based violence (GBV) cases,” Khoza said.

Khoza made the call outside the Camperdown Magistrate’s Court, where police officer Mthokozisi Nene made a brief appearance in connection with the death of his wife.

Nene, 44, allegedly shot and killed his wife Thobeka MaMsomi Nene during an argument at their family home in Inchanga, west of Durban, two weeks ago.

Khoza, including Member of the Provincial Legislature James Nxumalo, the deceased’s two daughters and community members, were among the people who attended the court case on Monday.

The MEC said men should lead from the front in all campaigns aimed at curbing the scourge of GBV.

Nene was denied bail and the case was postponed to 13 July 2022.

Khoza applauded the court for denying bail to Nene, saying that such people should remain in custody for the duration of the hearing of their court cases.

“We were pleased that they considered a lot of aspects in this case. It is clear that the murder was premeditated. We are saddened by this situation, where children lost their mother at the hands of their father,” Khoza said.

She added that it was unthinkable that anyone would consider taking the life of their partner, especially a person who is supposed to provide support to the family.

“A police officer also has a responsibility to protect the community, but this one was heartless. He took the law into his own hands and allegedly shot dead an innocent woman in full view of her children,” the MEC said.

She expressed concern at Nene’s lack of remorse in court, as he had not surrendered the firearm he allegedly used to murder his wife to the police.

“We are disturbed that our children have been robbed of a teacher, but our social workers will provide school children, the deceased’s biological children and the family with psycho-social support. We are pleased that the community has come together to oppose bail for this man. We will continue to monitor this case until it comes to an end,” she said.

Nxumalo urged law enforcement agencies to do everything within their powers to ensure that the perpetrator of this heinous crime remains in prison.

“He has to face the full might of the law,” Nxumalo said, adding that she wants men who commit GBV to be held responsible and the killing of women and children avoided.

Source: South African Government News Agency