South African Deputy President Accused in Marikana Massacre


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Attorney Geoff Budlender has told a court of inquiry that Cyril Ramaphosa is 'partially responsible' for the crackdown and death of miners in 2012.

Prosecuting attorney Geoff​ Budlender has accused South Africa's deputy president, Cyril Ramaphosa, of partial responsibility for the decision to forcibly remove miners in Marikana during a prolonged strike. Their removal led to police killing 34 miners.

In the closing arguments to the investigation into the Marikana massacre, Budlender said a phone call from Ramaphosa to the South African Police Service (SAPS) acted as a "trigger" for the deadly crackdown, although he noted that Ramaphosa could not have anticipated the killings that resulted.

Ramaphosa was then a director and shareholder at Lonmin platinum mines before becoming deputy president in May 2014.

Thirty four miners were killed on August 17, 2012, when police opened fire on them. They were participating in a long strike outside the Marikana mines, calling for better wages, working and living conditions.

Ramaphosa has admitted he urged action by the police and the ministers for mining, but denies encouraging a violent crackdown.

Budlender charged that the police plan to disperse the strikers included having mortuary vehicles on the scene.

The lawyer also urged the panel to look beyond criminal liability and punish the leadership failure on all sides.

The Marikana massacre is considered the most violent police operation since the end of apartheid

Since it began in October 2012, the commission has heard 293 days of evidence from 56 witnesses, including police officers, trade unionists, Lonmin officials and injured and arrested miners.

Closing arguments will continue until November 14. The final report on the shooting will be presented at the end of March 2015.

http://www.telesurtv.net/english/news/South-African-Deputy-President-Accused-of-Partial-Responsibility-in-Marikana-Massacre-20141107-0014.html

Numsa criticises 'unconstitutional' Cosatu

South AfricaNumsaCosatuCECNumsa hit back at Cosatu on Friday, accusing it of violating its own constitution.

"Our first charge is that you have violated the constitution. You have refused to hold a special national congress," National Union of Metalworkers of SA (Numsa) general secretary Irvin Jim said in a presentation to Cosatu's special central executive committee (CEC) meeting in Johannesburg.

He was defending the union against possible expulsion from the Congress of SA Trade Unions. Numsa went to court on Thursday to try and prevent its expulsion. The case was postponed and the CEC meeting went ahead.

Cosatu has accused Numsa of, among other things, violating its constitution, not supporting its alliance partner the African National Congress in the May general election, poaching members from affiliates, and withholding its fee to Cosatu.

Jim, in turn, accused Cosatu of, among other things, refusing to hold the special national congress requested by nine of its affiliates, so new leadership could be elected. "Our first charge is that you have violated the constitution. You have refused to hold a special national congress," he said.

Numsa accused Cosatu president Sidumo Dlamini and most of the CEC of breaching the clause in the constitution dealing with the special national congress. "You, Sidumo Dlamini, acted unlawfully and unconstitutionally when you noted the CEC's decision, knowing that it was unlawful.

"You, the national office bearers of Cosatu, when you suspended the general secretary without a vote."

Cosatu suspended its general secretary Zwelinzima Vavi last year for having an affair with a junior employee. Numsa challenged his suspension in court. It was overturned earlier this year and Vavi returned to work.

Jim accused Cosatu of acting in bad faith in its attempts to expel Numsa. "You are attempting to expel Numsa in order to avoid our challenge on your unconstitutional behaviour," Jim said.

"If we are suspended or expelled, you will do your best to prevent us from continuing to challenge the decision to refuse to call a special national congress," he charged.

On the charges against Numsa, Jim said Cosatu had withheld information from the union, had failed to give its reasons for this, and had set unreasonable deadlines. "You have failed in your duty to unify the working class," Jim said.

"You have tried to suppress the legitimate rights of autonomy for affiliates." He accused Cosatu of failing to defend Numsa when it was attacked in a "sustained campaign of vilification" by its affiliates and its tripartite alliance partners, the ANC and the SA Communist Party.

"You have allowed outside political forces to interfere in Cosatu," Jim said.

"We have seen that the alliance is and has always been dysfunctional."

This was why it had been unable to provide a space for Numsa's United Front. At its December congress, Numsa resolved to form the United Front, intending that it would could contest the local government elections in 2016.

Jim said Numsa would remain a trade union and would not turn into a political party. "You want to expel us because we constantly remind you how you are failing to protect the interests of the working class.

"We want to make one thing clear to you... we will not stop mobilising the working class on the road to socialism," Jim said.

"We will not give you any peace as we expose the miserable failure of the class alliance you are entangled in and how it compromises your ability to lead the working class."

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Unions threaten mass action to force Cosatu's hand over Numsa

The unions will consult members before participating in any Cosatu meetings, and talks of forming an alternate federation have not been ruled out.

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Seven Cosatu affiliates who voted against metalworkers union Numsa’s expulsion from Cosatu will not participate in any Cosatu meeting until it has a renewed mandate from its members.

Leaders of the unions South African Commercial Clothing and Allied Workers Union (Saccawu), South African State and Allied Workers Union (Sasawu), Public and Allied Workers Union of South Africa (Pawusa), Food and Allied Workers Union (Fawu), South African Football Players Union (Safpu), Democratic Nurses Organisation of South Africa (Denosa) and Communications Workers Union (CWU) are now going back to their members to decide on what action they should collectively take in solidarity with Numsa’s fight against its expulsion.

Once the leaders consult their individual executive structures, the unions will have a combined meeting on the way forward.

As the constitution of the trade unions dictates, its leaders cannot take unilateral decisions on behalf of their members without a mandate.

In the interim, Fawu general secretary Katishi Masemola said the unions would embark on mass action to force Cosatu’s leaders to hold a special national congress.

A vote for Numsa’s expulsion in the early hours of Saturday resulted in a 33 for and 24 against result – leading to Numsa’s expulsion from Cosatu.

“The unions represented at this press conference completely reject the charge that Numsa had contradicted the policies of the federation,” Masemola said.

He said that they believed Numsa had been singled out because of the “radical decisions” taken at its December special congress.

Alternate federation not ruled out
While unions were firm in their support for Numsa and their call for a special national congress, they would not pronounce whether or not they had any plans to leave Cosatu.

At the same time, they would not rule out the possibility of talks of forming an alternate federation.

Fawu deputy general secretary Moleko Phakedi said the unions would debate with its members on the formation of an alternate federation. “It is a discussion we have to have,” he said.

The leaders of these seven unions maintained the position of Numsa: that the ANC, the South African Communist Party (SACP), Cosatu president S’dumo Dlamini and National Union of Mineworkers general secretary Frans Baleni engineered the expulsion of Numsa.

Masemola said the ANC’s intervention in the divisions in Cosatu failed. “So insecure and over-sensitive are the political leaders of the SACP, that any challenge to the orthodoxy they defend is considered dangerous, counter-revolutionary, and, in the words of a Nehawu leader, must be ‘surgically removed’,” he said.

Nursing union Denosa’s general secretary Simphiwe Gada said Dlamini was the “ebola of Cosatu” which needed to be fought.

http://mg.co.za/article/2014-11-10-unions-show-support-for-numsa-seek-mandate-from-members

The last statement on that banner in the picture is "Advance to Socialism" - that should be every union's goal...