The killing of 34 miners at the Lonmin Platinum Mine in Marikana, North West Province, on August 16, 2012, shocked South Africans and highlighted increasing concerns over police brutality and underlying grievances over the government's failure to fulfill basic economic and social rights.

Despite South Africa's strong constitutional protections for human rights and its relative success at providing basic services, the government is struggling to meet public demands for better realization of economic and social rights. In addition, financial mismanagement, corruption, and concerns about the capacity of leadership and administration—especially at the local government level— have contributed to further delaying the progressive realization of economic and social rights.

Concerns that the ruling African National Congress (ANC) is increasingly encroaching on civil and political rights are exemplified by the Protection of State Information Bill which the National Assembly passed in 2011, but has not yet become law. Debates over its constitutionality regarding its impact on freedom of expression continued in 2012. At this writing, the Traditional Courts Bill, which parliament was considering, may have negative implications for vulnerable groups such as women, children, and lesbian, gay, bisexual, and transgender (LGBT) persons to access justice and other rights.

The Killing of Mine Workers

The tragedy at Lonmin Platinum Mine, which resulted in the death of 34 miners when police opened fire on illegal strikers, is one of the worst death tolls in violent protests since 1994. The tragedy highlighted the poverty and the grievances of many in the mining industry, the historical bastion of South Africa's migrant labor system.

The government acted swiftly to respond to public outcry and established a judicial commission of inquiry to ascertain the facts and investigate the conduct of the mining company, the trade unions, and the police. The inquiry will investigate the nature, extent, and application of any standing orders by police that gave rise to the tragedy, as well as whether the use of force was reasonable and justified in the circumstances.

Freedom of Expression

The controversial Protection of State Information Bill aims to regulate the classification, protection, and dissemination of state information, weighing state interests against the importance of freedom of expression. The National Assembly passed the bill in November 2011 and amended it in 2012 in response to criticism from civil society organizations and state institutions, such as the South African Human Rights Commission (SAHRC).