State has paid R330m to Marikana claimants, says it's close to settling all claims

“Notably, Seri has introduced the novel concept of constitutional damage which is a new head of damages. This is what we are going to be seized with. The residual issues that are being dealt with on behalf of Seri relates to this novel issue that is called constitutional damages,” Pandelani said.state paid R77m to Maluleke Msimang and Associates for claims relating to injuries, arrests and detention for 15 claimants.The state also paid R51.

However, Pandelani said, where a new concept was introduced, such as constitutional damages — which did not exist when the incident happened — his office needed to get instructions from the police and everybody else involved. “We are having to deal with this issue. Why was it not pleaded when the matter started? Until and unless there are new developments, I think we have done enough. The question is how long is a piece of string?” Pandelani said.Pandelani said his mandate was the management and co-ordination of litigation relating to the Marikana incident.“The introduction of constitutional damages concept is something we do not have instructions for.

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