OPBP has prepared comparative law research for Legal Resouces Centre (LRC), Johannesburg, to assist with making submissions before the Marikana Commission of Inquiry.
The Marikana Commission was established to investigate the police shooting of striking workers at a mine run by Lonmin plc in South Africa. In proceedings before the Marikana Commission, the LRC is representing the family of one of the deceased mineworkers, as well as the Bench Marks Foundation, an NGO that has been involved in exploring the socio-economic debates in the mining industry.
The Report focuses on the standard of proof that could be adopted by the Marikana Commission, and the nature and weight of the recommendations that could be made by it. It summarises the existing practice of commissions of inquiry in thirteen different legal systems: Australia, Canada, Ghana, India, Malaysia, Malawi, New Zealand, Pakistan, Singapore, South Africa, UK, UN Human Rights Council, and the USA. In light of this analysis, the Report presents conclusions regarding the approach the Marikana Commission could adopt.