Legalism in the Marikana Commission of Inquiry Report: Veiling “Sociological Causes” of the Massacre

Abstract

ABSTRACT This article examines the Farlam Commission of Inquiry’s official discourse on violence within the context of the Marikana mine massacre. The commission was established in 2012 to investigate the killing of 34 mine workers during a wage strike at the Lonmin platinum mine in South Africa. The commission was tasked with scrutinising the actions of the police, mine management and labour unions involved in the incident. By employing the concept of legalism, this paper analyses the commission’s report and argues that it adopted a legalist perspective on violence, which served to legitimise the prevailing legal framework for collective bargaining while delegitimising the strike action itself. The study highlights Phase Two of the commission’s investigation, which was aimed at examining the underlying sociological causes of the conflict within the mining sector. This phase provided an opportunity to delve into the structural factors that fuelled the dispute. However, despite the potential for a more nuanced exploration of structural violence, the final report of the Farlam Commission ultimately embraced a narrative form and simulacrum of legality that reflected implicit moral and political biases concerning specific forms of violence and social action. The commission struggled to assimilate critiques of the collective bargaining framework into its report, instead maintaining a fidelity to legalism, with practical implications for the type of “truth” and “justice” the commission could promote. The paper contributes to a broader understanding of the complex dynamics between legal frameworks, violence and social justice in contexts of labour disputes and collective action.