It is a constitutional right that sets South Africa apart from other murderous states. It also sets the rule-of-law-abiding state apart from the apartheid one.

The Lonmin mineworkers who were killed were entitled to their right to life.

The police officers who were killed were also entitled to their right to life.

But the killings happened because the right to life was demoted to a secondary right.

Freedom of association, the right to strike and the right for police officers to arm themselves reigned over the right to life.

The mineworkers had been toiling in the belly of the earth in an attempt to eke out a living. They went on strike in a bid to improve their lives.

In the process they were not entitled to engage in violence that resulted in the killing of other workers and police officers.

But there are remedies for those who threatened or kill others. Those remedies do not include killing.

You cannot enforce the right to life by taking another life. That's what the Constitutional Court established in the precedent-setting judgment in State vs Makwanyane. The police wantonly trampled on that principle when they became killing agents.

If this is entrenched as a new policing strategy the police will lose their legitimacy in the eyes of citizens and Marikana will repeat itself in different places and under various guises.

The right to life must regain its rightful place. It must neither be killed nor demoted.

Comments

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Fri May 24 18:31:48 SAST 2013 ::

Aug 20, 2012

MommaC

Is there a 'right to self defence' anywhere in those 'rights'?

We have miners openly threatening murder, Malema openly instigating bloodshed and union bosses using workers as cannon fodder. Maybe focusing on the police is a bit short sighted. They are just the poor sods who get there AFTER the stage is set
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Aug 20, 2012

Mosquer

Wena wa bhora! vroeg so!! When did they mention the name of Malema here?
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Aug 20, 2012

candilious

@MommaC-Morning


Indeed everybody has the right to live ,but nowehere in this whole Marikana event has these mine workers shown any remourse whatsoever.Yes their have the right tot a Better life but not to forget how their wanted that better life at the expense of others.............
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Aug 20, 2012

Stumaeza

One of Malema's haters - TSEK
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Aug 20, 2012

Nys1

As South African’s , we have rights , Right to protest , right to life and all other rights ...but that does not mean that we should ignore others rights over our own. Violence during protest has become a norm in our country , these lawlessness and unruly behaviours is what led to the massacre at Marikana.
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Aug 20, 2012

candilious

!@Stumaeza/Mosquer -So early ............really now use your noodle before commenting AND yes he is behind this whole saga
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Aug 20, 2012

Nys1

Charging at Police was outright stupid , especially after two of their own were butchered...!!!
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Aug 20, 2012

Mosquer

candilious
!@Stumaeza/Mosquer -So early ............really now use your noodle before commenting AND yes he is behind this whole saga
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The blame should be on the management not Malema. If they should came to agreement, non of this could've happened.
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Aug 20, 2012

CheeseBoy

What started off as a genuine concern about money/pay quickly escalated into senseless violence.

The striking workers by taking the lives of people reduced themselves to senseless savages.

The police did not do any wrong by using the apprpriate force to counter what anybody saw as a blatant attack and lack of respect for law enforcement and human lives. there were gun shots coming from that croud its there for all to see.
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Aug 20, 2012

Nys1

Political stage open ,lets seat back and enjoy the show...!!!
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