Showing posts with label social injustice. Show all posts
Showing posts with label social injustice. Show all posts

Saturday, May 7, 2016

Italy's highest court rules that stealing food is not a crime


"There's something fundamentally threatening to the capitalist economic order in a ruling like this- the idea that a person is not personally responsible for any action they take out of economic necessity- because capitalism is based on creating that necessity for millions of people around the world"
US public defender Alec Karakatsanis on a ruling by Italy's highest court

A ruling by an Italian Court shows that courts can make decisions that reflect moral logic and reasoning, challenge narrow legalistic interpretation and challenge the sanctity of private property over human necessity, by ruling that the right to survival prevails over property.

Italy's highest court has issued a ruling that stealing small amounts of food to stave off hunger out of dire necessity is not a crime. The Court ruled that right to survive prevails over property.

The Court's ruling involved a case of a 36 year old homeless Ukrainian man who stole $5 worth of cheese and sausage from a Genoa supermarket in 2011. He was tried, found guilty, fined $150 and sentenced to 6 months in prison.

The High Court found that the man took the food "in the face of an immediate and essential need for nourishment, acting therefore in a state of necessity" and was not illegal.

The Court wrote: 

"The condition of the defendant and the circumstances in which the seizure of merchandise took place prove that he took possession of that small amount of food in the face of an immediate and essential need for nourishment, acting therefore in a state of necessity"

The Italian newspaper La Stampa endorsed the Court's decision and many other Italian papers supported the decision. An opinion piece in Corriere Della Sera noted that statistics suggest 615 people are added to the ranks of the poor in Italy every day and it was "unthinkable that the law should not take note of reality".

Another newspaper Italiaglobale said the The "historic" ruling is "right and pertinent" and derives from a concept that "informed the Western world for centuries - it is called humanity".

Articles about the case are hereherehere and here.

US Public Defender Alec Karakatsanis compared the Italian case to the US case of Michael Riggs, who was sentenced to a 25 year prison sentence for stealing vitamin pills in a pretty theft motivated by hunger and and homelessness. Riggs was imprisoned under California's 3 Strikes law.

Of course it also raises the question, what is the worst crime?- a homeless person stealing food worth $6 out of hunger, or a society where hundreds of thousands of people, including children are forced to live without shelter or a house and where even more children and adults are forced to go hungry without adequate food every day.

And lets not forget the case of the 12 year old Aboriginal boy in a WA country town charged with a criminal offence for receiving a stolen chocolate frog worth less than $1 because the police wanted to teach him a lesson, while the authorities and Police did nothing to charge a high profile West Australian businessman who stole $100 million of other people's money. 

Saturday, March 19, 2016

Austerity kills

“If austerity were tested like a medication in a clinical trial, it would have been stopped long ago, given its deadly side effects…. One need not be an economic ideologue – we certainly aren’t – to recognize that the price of austerity can be calculated in human lives.”
David Stuckler and Sanjay Basu,“The body economic: Why austerity kills."

There is a chilling study in the latest edition of the Journal of the Royal Society of Medicine that shows that austerity measures, including reductions in income and welfare support imposed by the UK Government, are killing vulnerable elderly people in England.

The study shows a clear link between rising mortality rates among older people in England and the austerity measures imposed by the UK Government.

The authors conclude that:

" Rising mortality rates among pensioners aged 85 and over were linked to reductions in spending on income support for poor pensioners and social care"

One of the study authors is David Stuckler, whose 2013 book The Body Economic: Why Austerity Kills (co-authored with Sanjay Basu) documents and describes the profoundly harmful effect of austerity policies on the health and wellbeing of vulnerable people and those who live precarious lives.

Stuckler argues that austerity policies imposed by national governments in response to economic crises bring about increases in disturbing public health and housing outcomes, particularly among the most vulnerable people.

He documents the unnecessary suffering and rising mortality rates associated with austerity policies.

Stuckler's book reveals that austerity polices in Europe and North America contributed to 10,000 additional suicides and a million extra case of depression.

Stuckler describes austerity as 'a public health disease". His conclusion is:

'Recessions harm but austerity kills'

Tuesday, March 15, 2016

Songs of Renown: Billy Bragg interprets Woody Guthrie's 'I Aint Got No Home'


"I mined in your mines and I gathered in your corn
I been working, mister, since the day I was born
Now I worry all the time like I never did before
'Cause I ain't got no home in this world anymore
Now as I look around, it's mighty plain to see
This world is such a great and a funny place to be;
Oh, the gamblin' man is rich an' the workin' man is poor,
And I ain't got no home in this world anymore."
 Woody Guthrie

No one does Woody Guthrie's songs of capitalist plundering and immiseration better than Billy Bragg.

On his most recent album, Tooth and Nail, Billy Bragg does a magnificent cover version of Woody Guthrie's Great Depression era song 'I Aint Got No Home', one of the great political folk songs.

Woody Guthrie composed 'I Ain't Got No Home'  in 1940 and recorded the song in the same year. It first appeared on Woody Guthrie Dust Bowl Ballads Volume 2.

The tune is based on a  traditional hymn titled 'I Can't Feel Home in this World Anymore' that was made famous by the Carter Family.

The song could have been written in the last 8 years. It is all there- people losing their homes to the bankers, people dying for lack of proper health care, the rich making millions by gambling on the stock market while ordinary people's wages go backwards.

The song has a contemporary resonance with its musings about "Now I worry all the time like I never did before/ Cause I ain't got no home in this world anymore", how the “rich man took my home and drove me from my door” and mention of “the banker’s store”.
Earlier versions of Guthrie's song concluded by stating that the hardship expressed in the song is happening to "a hundred thousand others and a hundred thousand more," all of whom were victimized by the more fortunate elite.  Once again, a reflection of what has happened since the 2008 economic crash.
Bragg, like Woody Guthrie, is a singer songwriter who made his name with socio-political songs and his involvement in social movements and political campaigns. Bragg is known as a combative British socialist who doggedly opposed the British Conservative Party and its leader Margaret Thatcher throughout the ’80s and ’90s.

This version of Woody Guthrie's song appears on Billy Blagg's 2013 album Tooth and Nail, which was produced by American singer songwriter Joe Henry whose work has appeared on this blog before.


Woody Guthrie's version of the song is here



The song has also been covered by Bob Dylan and Bruce Springsteen. Springsteen's version (with slightly different lyrics) is here.



I Aint Got No Home
By Woody Guthrie

I ain't got no home, I'm just a-roamin' 'round,
Just a wandrin' worker, I go from town to town.
And the police make it hard wherever I may go
And I ain't got no home in this world anymore.
My brothers and my sisters are stranded on this road,
A hot and dusty road that a million feet have trod;
Rich man took my home and drove me from my door
And I ain't got no home in this world anymore.
Was a-farmin' on the shares, and always I was poor;
My crops I lay into the banker's store.
My wife took down and died upon the cabin floor,
And I ain't got no home in this world anymore.
I mined in your mines and I gathered in your corn
I been working, mister, since the day I was born
Now I worry all the time like I never did before
'Cause I ain't got no home in this world anymore
Now as I look around, it's mighty plain to see
This world is such a great and a funny place to be;
Oh, the gamblin' man is rich an' the workin' man is poor,
And I ain't got no home in this world anymore
.
© Copyright 1961  and 1963  by Woody Guthrie Publications, Inc.; TRO-Ludlow Music, Inc.

Sunday, January 31, 2016

Are good intentions enough? The Abbott/ Turnbull Government and mental health reform

Writing in the ABC Online magazine  The Drum, John Mendoza has described the Abbott/Turnbull Government's recently announced mental health reform package as ''the most transformative reform package in a generation".

Mendoza, who was previously chair of the National Advisory Council on Mental Health and CEO of the Mental Health Council of Australia, is a respected figure in the mental health sector in Australia, and someone who has argued long and hard for radical reform of Australia's mental health systems. He is also someone personally affected by the failures of the mental health system(s).

Therefore, we must take his endorsement seriously. He recently wrote:

What was announced today responds directly and decisively to the core problems in mental health care identified in a continual 10-year public critique and published in truckloads of reports to government. Finally, we will see an end to the sort of "mental health care system" that mirrors the old Soviet automotive industry - the one car, in one colour and only available after an eternal wait!

I hope he is right.
 
The reform package was announced in late November 2015 by Prime Minister Turnbull, Health Minister, Sussan Ley, the chair of the National Mental Health Commission, Professor Allan Fels and Commissioner Ian Hickie as  a response to the Review of Mental Health Programmes and Services by the National Mental Health Commission.
 
The key to the new model is that federal funding for  reform will be directed to 31 primary health networks around Australia. The networks will use a contestability model to contract out mental health services locally. Contracting the required local mental health services will cost $365 million from July 2016-17 and rise to $370 million in 2017-18 and $385 million in 2018-19.
Some key features of the reform package include:
  • Locally planned mental health services will be commissioned through Primary Health Networks (PHNs). Under the reform, new integrated care packages would be commissioned through 31 Primary Health Networks (the rebadged Divisions of General Practice/ Medicare Locals) across Australia.
  • The newly-established PHNs will have a flexible funding pool to commission local services, including access to mental health nurses, psychological treatments, vocational services, drug and alcohol services and peer support.
  • People with severe and complex mental health needs will be offered coordinated care packages, similar to packages offered by the National Disability Insurance Scheme (NDIS).
  • A new digital mental health gateway will be established to coordinate e-health services, including a new telephone hotline to help people find the most appropriate services for their needs.
  • PHNs will coordinate a new approach to suicide prevention by focusing on activities to address local needs.
  • the existing Headspace youth mental health facilities will remain, as will the Headspace head office, but new services for young people will be allocated through the PHNs.
  • Aboriginal and Torres Strait Islander mental health and social and emotional wellbeing services will be integrated.
  • a commitment to national leadership in mental health reform.
Mendoza argues that the reform package provides 'a new architecture' for mental health, which draws from recommendations contained in a recent report by The National Mental Health Commission. Mendoza argues that the new package reasserts the Commonwealth's leadership role and commits the Commonwealth Government to transform the delivery of primary care (delivered by GPs, psychologists and psychiatrists) and community care (largely delivered by non-government providers).

Mendoza applauds this proposed new architecture because it provides individualised and seamless support, to enable the right care at the right time from the right mix of providers to enable people to live fulfilling lives; is locally planned and integrated, and not 'one size fits all'; is focussed on the needs of people, not providers; uses available and emerging digital technologies; emphasises clinical excellence and improved outcomes; foreshadows bundled packages of health and social care for those who have complex needs and entrenched disadvantage and has  a planned and phrased rollout of the reforms.

painting courtesy of Painting by seeds with mental health recovery wishes
 
As Sebastian Rosenberg notes the reforms might have the potential to change the appalling state of Australia's mental health systems, but ultimately they will be judged on the outcomes they deliver, rather than the rhetorical promises they make.
 
There are serious questions about the Federal Government's plans.

1) The level and amount of funding looms as a major concern. Mental health services are not currently funded to a level which reflects the extent of mental illness and mental health problems within the Australian community, resulting in significant unmet need for care. 
 
Despite this, there is no new money in the reform package just a reallocation of  $350 million of existing funds to primary health networks (or PHNs) to commission — but not deliver — mental health services. 
 
There are doubts as to whether the intent of the reforms can be achieved within the existing budget. The National Mental Health Commission argued that more than $1 billion over 5 years was needed.

painting by Liz Kelder (story here)
 
Some of the money is being redirected from hospital based services and alcohol and other drug services. The Government is hoping that money  for the reforms will come from reduced utilisation of services for patients with “lesser needs”, who will be directed to less intensive resources, self-help or low intensity services. This is questionable.
 
 
2) There are legitimate questions about the capacity of newly formed PHNs  to develop and organise tailored care packages within a contestability model and concerns that the arrangements will add to administrative costs by funnelling funding through an additional layer of bureaucracy.
 
PHNs are newly established agencies. There are questions over their capacity to manage these responsibilities  and deliver genuine client centred care. The Primary Health Networks have no history and limited experience and capability to deliver or contract mental health services.

Some health commentators see the PHNs as ideological creations of the Abbott/ Turnbull Government and question the way they were created and their ability to deliver outcomes. Economist John Thompson writes about the creation of PHNs:

Many in the health system are of the view that the whole exercise is a very expensive ideological move that, despite very substantial financial resources and lengthy disruption and dislocation, may not achieve the results that the fledgling Medicare Locals were beginning to realise
 
Despite the rhetoric, the experience from contracting and contestability models suggests that it is likely that PHN will decide what package of care people can have, based on the services it has chosen to procure.
 
3) There are concerns about the capacity of a phone and online service to act as a single gateway for people suffering mental illness and mental health concerns, as evidenced by the major problems experienced by people trying to access Centerlink's services through a similar model.

4) There are serious questions associated with the use of a market based contestability and competitive model to purchase mental health services at the local level. 

The reforms aim to use competition and contestability to drive efficiency and increase consumer choice. However, there is a growing evidence that the use of contestability and contracting to deliver social, health and community services has failed to deliver the desired results.

In Australia, a range of systemic problems have been identified with the contestability and contracting of  services. Over 10 years, Australian academic Mark Considine and his colleagues have undertaken an extensive body of work into contracting and contestability of social and community services.
Painting Mumbo Jumbo by Adam Knapper - Winner of the 2015 Mental Health Week Consumer Art Competition, Mental Health Foundation Victoria

They found that contestability and contracting of employment services to not- for- profit and for- profit providers failed to achieve the desired results.  Considine and his colleagues found that contracting processes decrease service flexibility, increase the level of standardisation and routinisation, limit the scope for quality service provision and fail to promote innovative solutions for the most vulnerable. 

They found that rather than drive innovation and responsiveness to individual needs, agencies tended to mimic the behaviour of other large NFP and corporate for-profit competitors.

These findings are replicated in other areas.
 

The recent debacle of the DSS contracting funding round, documented in the Senate Report Impact on service quality, efficiency and sustainability of recent Commonwealth community service tendering processes by the Department of Social Services is a reminder of the risks and dangers of using contestability to contract human and community services.
 
The Senate Report found that:
  • the 2014 tendering process was poorly planned, hurriedly implemented, and resulted in a loss of services. 
  • the process was not equitable and transparent, with an apparent inherent bias toward larger providers at the expense of local knowledge and expertise that smaller providers have developed in response to clients’ needs.
  • throughout the process the Department kept providers and peak bodies at a distance and the NFP sector felt the department undervalued their expertise, experience and role.  
  • the process damaged relationships between providers by pitting them against each other and engendered greater mistrust.
  • the outcomes of the contestable process were poor.
5) Contestability processes will open up the mental health sector to large corporate for-profit providers who have previously had minimal involvement in mental health service delivery, but who have a significant presence in other sectors. This includes corporations active in other sectors such as Max Solutions/Maximus, Serco, G4S, BUPA, Ramsays, St John of God, Providence, Healthscope, APM, Ingeus, Virgin Care, ESH Group,  A4e, Medibank Private, Telstra, IHMS, Transfield/Broadspectrum, Health Direct, to name a few.
 
This agenda to introduce more for-profit corporate and business providers into health, social and community services delivery is a major priority of the Abbott/Turnbull Government's social policy agenda, particularly in areas where there are currently few for- profit corporate providers such as disability (through the NDIS), mental health and welfare services.

In announcing the Government's response to the Harper Competition Review, Treasurer Scott Morrison laid out the Federal Government's agenda when he committed the Commonwealth Government to a radical process of marketization and privatisation of health, education and human services to introduce more for- profit corporate and business providers.
 
Given the very poor record of corporations in other sectors- employment, vocational education and training, aged care, prisons, health, child care- it is a cause for great concern that people with mental illness and mental health problems will become clients (commodities) and opportunities for corporate profit making.

6) The Government has confirmed that there will be a loss of some services as a result of them losing funding under the new model.

The loss of mental health services, particularly community based services, peer-led services, agencies with specialist expertise or those located in regional areas where there are fewer services, will have major consequences.

Painting from the blog How to juggle glass: surviving mental illness at University
7) Indigenous mental health groups welcomed the announcement and the commitment of $85 million to Indigenous mental health, but called for greater detail about the reforms and urged the government to consult and collaborate with the Aboriginal community.
 
8) It is unclear how the Commonwealth reforms will align with State Government reforms. Current processes and structures have  been ineffective in joining up mental health approaches between governments.
 
9) There are no indications of accountability or how progress and success will be measured. As Sebastian Rosenberg notes, the Commonwealth must establish a new and robust approach to accountability and invest funding in strong and consistent approaches to data collection and evaluation, that provide real information about things that matter.
 
Rosenberg writes:

Rather than reporting on bed numbers, these processes need to reveal the extent to which PHNs are actually working to help people with a mental illness stay out of hospital, recover from their illness, complete their education, resume employment, avoid homelessness and become healthy and productive members of the community. None of this information is currently available.

10) Concerns have also been raised that the reform package neglects the role of people with lived experience and peer approaches,  and an increased role for peer workers, issues now widely accepted and promoted in the mental health sector as providing a progressive social movement of informed consumers capable of driving reform.

11) Finally, and perhaps even more importantly, other social policy reforms of the Abbott/Turnbull Government are likely to undermine the intent of the reforms
 
Mental health reforms cannot be seen in isolation from the Abbott/Turnbull Government's wider social policy agenda, which focuses on market driven approaches, austerity measures and cuts to services, more punitive treatment of vulnerable people and greater private sector involvement in the funding and delivery of services. These are having (or likely to have) disproportionate impact on people with mental illness and people who live precarious lives who are forced to bear a greater burden.
Painting from the blog How to juggle glass: surviving mental illness at University
  • As part of its crackdown on the Disability Pension (DSP) the Abbott/Turnbull Government outsourced the assessment of eligibility for the DSP, resulting in 8000 young people being kicked  off  the DSP, forcing sick people deeper into poverty. This includes many people with mental health issues. In addition, the number of applicants for the DSP being rejected is the first place has risen dramatically from a third in 2008 to almost two thirds in 2016. 70,000 new applications have been rejected.
  • The Budget measures of the Abbott/Turnbull Government are  significantly increasing the financial stress experienced by many people with mental illness and creating additional cost barriers to them accessing care.
  • Tax reform proposals, particularly the proposed increase in the GST, will hit vulnerable people the hardest, including people with mental illness and mental health issues.
  • The new Family Payments Bill and cuts in payments to single parents and families  will impact on families affected by mental illness or mental health problems.
  • Problems with Centrelink
There is much still unknown about the proposed reforms, however given the severity of the crisis in mental health systems throughout Australia, the reforms are overdue and welcome, as John Mendoza notes, and it is hoped they make a significant difference to the lives of people affected by mental illness and mental health problems.

However, in light of the underlying concerns raised in this paper and questions about some assumptions underlying the reforms, the fear is that the reforms will go the way of many previous reforms. Well meaning and likely to deliver benefit to a proportion of people in need, but ultimately unable to address the systemic problems and extent and severity of need. We will see.

Friday, December 4, 2015

Corporate executive found guilty faces a jail sentence

"Don Blankenship's conviction doesn't feel like victory but in the grand scope of more than a century of the coal industry's abuse of the people of Appalachia, it may mark a starting place....My heart aches for all those who suffered and died under Blankenship's avaricious lash. The jury showed him more mercy than he has ever shown anyone in his entire existence on this planet. Even if he serves his one year slap-on-the-wrist, we know already that justice will not be done His legacy of poisoning Appalachia will persist long after his name has been forgotten."
Bob Kincaid, president of the Coal River Mountain Watch

Recently, I wrote a blog piece Holding corporate executives criminally responsible for the deaths and harms they cause crimes about the trial of Don Blankenship, the coal baron and CEO of  Massey Energy who was on trial for criminal charges over a coal mine explosion that killed 29 miners at the Massey Energy Upper Big Branch mine in 2010. 

The Upper Big Branch explosion was the worst US mining disaster in nearly fifty years. Blankenship was on trial for violating numerous safety regulations and conspiring to hide violations which ultimately led to the underground mine explosion and the disaster.

Blankenship was a poster boy for 'crony malevolent capitalism' and ran Massey Energy as a lawless enterprise protected by the politicians, public official and lawyers he paid off.

Well, Blankenship has been found guilty by a jury of conspiracy to violate US safety laws. He was cleared of the lesser charges of lying to the Federal Government.
Sadly, he only faces only 1 year in jail, but activists and law enforcement officials praised the decision. U.S. Attorney Booth Goodwin called the verdict "a landmark day for the safety of coal workers."
 
Journalist and historian Jeff Biggers wrote that Blankenship's conviction was a "historic first step in holding mining outlaws accountable for their reckless operations." Biggers continued;
 
"For the first time in memory for those of us with friends, family, miners and loved ones living amid the toxic fallout of the coal industry, this conviction may only serve as a tiny reckoning of our nation's complacency with a continual state of violations, but it could begin a new era of justice and reconciliation in the devastated coal mining communities in Appalachia and around the nation."

The Corporate Crime Reporter quotes University of Maryland Law Professor Rena Steinzor, the author of Why Not Jail?: Industrial Catastrophes, Corporate Malfeasance, and Government Inaction, who has argued for more aggressive prosecution of corporate executives:

“This conspiracy was the primary cause of an enormous explosion that killed 29 men in the worst mine disaster in 40 years. Although the jury was not presented with the question whether Blankenship was directly responsible for the explosion, it did decide that he played Russian roulette with his miners’ lives.  By underfunding efforts to comply, harassing employees to ignore safety rules so they could “dig coal” faster, and threatening managers with dismissal if they worked to solve ventilation and other problems at the mine, Blankenship made an already hazardous workplace into a horror show that made men fear for their lives every time they journeyed thousands of feet underground.”
 
The Corporate Crime Reporter quotes Rob Weissman from Public Citizen:

“Today’s guilty verdict should send the message to coal company executives that society will no longer tolerate this trade of miners’ lives for coal and profit. Indeed, it should send a message to CEOs across the country: No more recklessly endangering workers’ lives, and you will be held criminally liable if your actions – and inaction – cost lives.”

Articles about the decision are here and here.

Saturday, October 24, 2015

The Marikana effect and struggles for economic, racial and social justice in South Africa

 
"Will millions of disgruntled South Africans one day generate a political force capable of breaking what are now disastrous sweetheart relations between state, ruling party, labour aristocrats, parasitical local and multinational corporate mining houses?"
Patrick Bond
 
Widespread student protests across South Africa campuses and public spaces have forced the Zuma led ANC Government into a back down on plans to raise university tuition fees by 11%.

For months students have protested against the Government's plans (as well as other issues).
 
While the immediate trigger was the fees hike, the causes of the protest go much deeper and reflect growing politicisation of students and campuses in response to widespread frustration and anger over the circumstances facing young people in South Africa, including high unemployment, a weakening economy, poverty, racial inequality, the failure of the post-apartheid ANC Government to improve the economic circumstances of many black young people and political corruption.

The protests bought together students from across the racial and economic divide, uniting black and white students from townships, rural areas, poorer urban areas, comfortable middle class suburbs and wealthy areas.

The student protests are not isolated incidents, but part of an ongoing wave of protest activity across South Africa since 2004, which has intensified since the 2012 Marikana massacre.
 
 The 2012 Marikana Massacre was the worst act of post-apartheid state-police violence since the advent of democracy in South Africa.
On August 16 2012, members of the South African Police Force opened fire on a crowd of striking mine workers outside the Marikana Platinum mine in Rustenberg South Africa. The police attack left 34 miners dead, 78 wounded and more than 259 people arrested.

The mine was run by Lommin, a London based miner, who is the world’s third largest platinum miner (80% of the world’s platinum is in South Africa).

As Nick Davies writes in the Guardian:
 
For South Africa, it was a special kind of nightmare, since it revived images of massacres by the state in the old apartheid era, with one brutal difference – this time it was predominantly black policemen, with black senior officers working for black politicians, who were doing the shooting. 

Patrick Bond  contends that the Marikana massacre was a premeditated massacre:

When a ruling party in any African country sinks to the depths of allowing its police force to serve white-dominated multinational capital by killing dozens of black workers so as to end a brief strike, it represents a profound turn. Beyond just the obvious human-rights and labor-relations travesties, Marikana revealed the extreme depths of ruling-class desperation represented by the fusion of Ramaphosa’s black capitalism, the London mining house Lonmin’s collaboration (via Ramaphosa) with the mining and police ministers, the alleged “sweetheart unionism” of the increasingly unpopular NUM, the brutality of state prosecutors who charged 270 massacre survivors with the crime of murder.

Nick Davies's detailed outline of events leading up to the massacre, which highlights the role of union leader Mgcineni Noki, who died in the massacre while  trying to broker a peaceful solution, is here.

Unrest at the Marikana mine began on 10 August 2012 when mineworkers went on strike for improved wages and conditions after Lommin refused to pay workers a living wage and address unbearable employment and living conditions.

The build-up to the massacre was marked by rising tensions between rival unions. Miners, two police officers and two security guards were among 10 people killed as violence escalated.
The day before the massacre, one of the corporation’s main shareholders and a Board member of the corporation, who is  the Deputy President of South Africa, Cyril Ramaphosa, emailed the Police Minister to demand that Police take action

In his email to the Police Minister Ramaphosa wrote:

“The terrible events that have unfolded cannot be described as a labor dispute. They are plainly dastardly criminal and must be characterized as such. There needs to be concomitant action to address this situation.” 

The UK Guardian described the role played by Ramaphosa thus:

Ramaphosa, a board member of Lonmin platinum mine where thousands were protesting in August 2012 – made phone calls that allegedly escalated the confrontation; sent emails reportedly calling for action to be taken against “these criminals”, whose crime was to seek a wage increase; and held secret meetings to get the government and police to “act in a more pointed way” to quell the unrest.
 
Police were ready and willing to act after clashes with the miners over previous days had resulted in the deaths of 10 people, including miners, mine security and Police.
 
The next day, police opened fire with automatic weapons into the crowd a few metres away. 

The Commission of Inquiry into the massacre set up by the South African Government released its official findings in March 2015 and whilst implicating Police in the massacre, it failed to hold anyone responsible, and the ANC Government action has taken no against Police and others responsible.
 
Police authorities acknowledged at the Inquiry that they were at fault, with police action disproportionate to the dangers they faced.
 
Patrick Bond,  Director of the Centre for Civil Society at University of KwaZulu-Natal writes:
 
Led by former senior judge Ian Farlam, the Commission learned that members of the South African Police Service planted evidence (putting weapons on the bodies of corpses to pretend the killing was in self-defense), hid crucial video records, laughed heartily at the scene, and indeed had earlier planned much of the massacre

Families of those killed and victims are outraged that not one person has been held to account and continue to call for accountability. 275 miners have recently launched a civil claim against the ANC Government and families of the slain mine workers have filed a claim against the Police Minister.

Patrick Bond suggests that the massacre and the subsequent inquiry acted as catalyst for a wave of citizen-driven protest activity and dissent across South Africa, opening up a large crack in the façade of the ruling ANC- corporate- state hegemony.
 
Bond notes that protests and organised acts of resistance have continued to grow since the Marikana massacre, with over 2000 protests taking place in the last year. 

The Center for Civil Society at KwalaZulu Natal University, of which Patrick Bond is the Director, maintains a Social Protest Observatory to document the extent and type of protest activity occurring across South Africa.
 
These protests reflect new alliances formed in the wake of the Marikana massacre and include groups and communities rendered more precarious by the neoliberal restructuring of South Africa.
 
This protest activity involves impoverished rural township and urban communities, the unemployed and precariously employed, schools students and organised labour and is directed at many issues including the injustice of poverty (bread and food  riots); persistent inequality; unbearable wage, employment and  living conditions; privatisation; crime; mismanagement of mineral wealth; prevailing power relations and the corruption of politicians, institutions, corporations and municipalities.
 
Despite the wave of protest activity across South Africa, Patrick Bond argues that the many protest and oppositional groups in civil society have not yet cohered into a powerful movement or voice for economic, racial and social justice.

Bond suggests  that the progressive and radical left has not yet capitalised on post-Marikana cracks in the ruling political corporate state hegemony, even as disaffection  and protest continues unabated.
 
One question about the recent student protests is whether the student movement, which won an important victory in relation to university fees, can develop beyond its current moment and coalesce with the other protest movements across South Africa to form a powerful social movement for economic and racial justice.

Another question is what the political, institutional and police responses will be to this wave of protest activity. This time the Government has backed down. But reactions have so far been uneven, even ambiguous- sometimes relying on police violence and brutality against protestors, others times relying on compromise and co-option.