SERI seeks reparations for Marikana massacre victims

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The Solicitor-General Fhedzisani Pandelani says they do not have a legal mandate to act on the claim of the Socio-Economic Rights Institution (SERI) for constitutional damages for the 320 members of families that the institution represents.

SERI has claimed financial reparations for its clients that it says were left traumatised following the Marikana massacre 12 years ago.

Pandelani says the courts must first determine the matter of SERI’s new claim of constitutional reparations as the Justice Department could be accused of misusing taxpayers’ funds.

“There is none of those matters from the 320 that require the minister or the principals of justice to settle or not to settle. If the settlement is to be reached based on a court decision the baseline budget that will be implicated is that of another government department, and normal processes have to be followed. As of the current moment, their instructions are there is no recognition of constitutional damages so they will be guided by the outcome of the court.”

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