Pretoria - President Jacob Zuma on Thursday announced the composition of the Judicial Commission of Inquiry on the Marikana tragedy and its terms of reference.
With regards to the role of the Commission, Zuma explained: "It has been directed to investigate matters of public, national and international concern arising out of the events in Marikana which led to the deaths of approximately 44 people, the injury of more than 70 persons and the arrest of more than 250 people."
The President named Judge Ian Farlam, a retired judge of the Supreme Court of Appeal, as the chairperson of the Commission.
Other Commission members include Advocate Bantubonke Tokota SC and Advocate Pingla Hemraj SC.
With regards to the terms of reference, Zuma said the Commission would look into the conduct of Lonmin Plc, in particular, whether it:
* exercised it best endeavours to resolve any disputes which may have risen between itself and the labour force on one hand, and generally among its labour force on the other;
* responded appropriately to the threat and outbreak of violence which occurred at its premises;
* by act or omission, created an environment which was conducive to the creation of tension, labour unrest, disunity among its employees or other harmful conduct;
* employed sufficient safeguards and measures to ensure the safety of its employees, property and the prevention of the outbreak of violence between any parties.
In addition, the Commission will examine Lonmin policies generally, including the procedure, practices and conduct relating to its employees and organised labour.
"It will also investigate whether by act or omission, the company directly or indirectly caused the loss of life or damaged to persons or property," Zuma said.
The Commission will probe the conduct of SAPS and will look at:
* the nature, extent and application of any standing orders, policy considerations, legislation or other considerations in dealing with the situation that gave rise to the incidents;
* the fact and circumstances that gave rise to the use of force and whether this was reasonable and justifiable in the circumstances;
* the role played by SAPS through its respective units, individually and collectively in dealing with the incident; and
* whether by act or omission, it directly or indirectly caused the loss of life or harm to persons or property.
Zuma said the Commission would probe the conduct of the National Union of Mineworkers and the Association of Mineworkers and Construction Union, its members and officials.
The commission will in particular probe:
* whether the unions had exercised its best endeavours to resolve any disputes which may have arisen between itself and Lonmin or the other union or other parties;
* the extent to which the unions exercised effective control over its membership and those allied to it, in ensuring that their conduct was lawful and did not endanger the lives and property of other persons; and
* whether by act or omission, it directly or indirectly caused the loss of life or harm to persons or property.
Zuma said the commission would look into the role played by the Department of Mineral Resources, any other government department or agencies in relation to the incidents and whether this was appropriate in the circumstances and consistent with their duties and obligations according to the law.
"The Commission will also look into the conduct of individuals and loose groupings in fermenting and/or otherwise promoting a situation of conflict and confrontation which may have given rise to the tragic incident, whether directly or indirectly," the President said.
The Commission will submit interim reports and recommendations to Zuma each month before the final report is presented.
The Commission's work will be completed in four months and within a month thereafter, it will submit its final report to the President.
"The Commission shall, where appropriate, refer any matter for prosecution, further investigation or the convening of a separate inquiry to the appropriate law enforcement agency, government department or regulator regarding the conduct of a certain person or persons," Zuma said.
It will also have the necessary powers, including the power to enter and search premises, secure the attendance of witnesses and compel the production of documents.
"We urge all affected parties to work with the Commission so that the truth can be uncovered about what really happed in Marikana," he added.
