President Ramaphosa welcomes the judgement in the matter of Sivuka V Ramaphosa, delivered by the high court on 1 July 2022.
The tragic occasions of August 2012 in Marikana that led to the dying of 44 individuals stay one of the most distressing moments of the publish democratic period and a blight in South Africa’s up to date historical past that might be endlessly etched in our hearts and minds.
10 years later our hearts nonetheless exit to households who misplaced their family members. The violence and the killings that occurred ought to have by no means occurred. We are nonetheless resolute and united in our condemnation of the brutal acts we witnessed.
Disturbingly, is the ongoing politicisation of this tragedy resulting in the unfair concentrating on and remoted allocation of accountability to the President. Others have sought to create a misunderstanding that President Ramaphosa bears legal responsibility for the killings.
In having utilized his thoughts to the judgement in the matter of Sivuka V Ramaphosa, delivered by the High Court on 1 July 2022, President Ramaphosa welcomes the judgement of the High Court, which held that the plaintiff’s particulars of declare had been legally flawed in a sequence of respects.
Four points of the High Court judgement must be emphasised.
First, the High Court agreed with the President’s arguments and held that the plaintiffs had not established that the President bore any authorized responsibility in relation to the Marikana tragedy. Furthermore, the court made no discovering that the President was in truth the trigger of dangerous conduct. The proceedings weren’t a trial, and no proof was led. The Court was merely engaged in a authorized debate relating to whether or not the plaintiffs’ allegations complied with the legislation.
Second, the court rejected the plaintiff’s argument that sure electronic mail communications from President Ramaphosa sought to name for the homicide of the putting employees. The judgement acknowledged that the plaintiffs’ argument in opposition to the President “is not only far-fetched but also irreconcilable within the context of the email communication contents as a whole….”
Third, the High Court agreed with the President that there was no factual foundation pleaded for the allegation that collusion between the President, the Government and the senior police would have led to deaths of employees.
Fourth, on the allegations that the President Ramaphosa owed an obligation of care to the plaintiffs on account of his function as director of Lonmin, the High Court agreed with the President that the allegation was incorrect as a matter of legislation. In the judgment the court mentioned, (*1*)
Media enquiries: Vincent Magwenya, Spokesperson to the President – 082 835 6315
Issued by: The Presidency
Pretoria
President Ramaphosa welcomes the judgement in the matter of Sivuka V Ramaphosa, delivered by the high court on 1 July 2022. | The Presidency
