Selling out for Thirty Pieces of Silver

Over the past two days the presence of Cyril Ramaphosa at the Marikana Inquiry has held a significant presence in the news.

Advocate Dali Mpofu’s cross examination of him was frought with some tough themes, propositions, emotive adjective and idiom which Judge Farlam often called Mpofu on. I have watched, with interest varying views with many calling Mpofu to keep his anger in check and insinuating that there is some kind of personal-politico stand-off going on between opposing political agenda. Following are my views.


Mpofu at the outset told Ramaphosa his cross-questiong would comprise four broad themes:

  1. Action, or alternatively inaction where there was a duty to act
  2. State of mind or intention, etc
  3. Causality. He would explore the causal nexus between Ramaphosa’s action, or alternatively inaction and the consequences ie deaths and injury
  4. Outcomes, or consequences


Mpofu referred to a publication penned by Ramphosa in the wake of the Marikana tragedy and spent much time unpacking Ramaphosa’s sense of responsibility. There were concessions. However the concessions fell short of the strong personal responsibility that Mpofu was building a case for with Ramaphosa conceding “Collective Responsibility”


On state of mind and intention Mpofu explored Ramaphosa’s business interests, financial interest in the situation and what he referred to as a “web of relationships” which Rampahosa was caught up in that seem to be “incestuous”. He spent much time exploring conflict of interests. On this theme Ramaphosa attempted to raise an extra-aneous discussion around Mpofu’s impending status as silk. His raising of this in my view was a clear attempt at mischief making and it was conceded by himself that the discussions were initiated by him. With Judge Farlam’s own son on the list awaiting the president’s signauture, Judge Farlam ultimately diffused the situation well by affirming that everyone would be grateful if the Deputy President did what he could to promote the President’s action and due consideration of all on the list. This was done elegantly, graciously and light-heartedly. My view is that Ramaphosa’s attempts to humiliate Mpofu here achieved nothing except for possible reflection on capacity for dirty play.

But I wish to give a more personal account. I met Dali Mpofu on the Saturday before the start of the Marikana Inquiry. I was introduced to him by a mutual colleague on the issue of Alternative Dispute Resolution, something we have a mutual belief in. I didn’t know him, who he was, or any of his history at all. During the time I spent with him, I was struck by a brilliant legal mind and a deeply compassionate heart. We chatted about Marikana and I will never forget his words “Sheena, the public thinks this was a wage dispute. It’s so much more. It is a 300 year old story of systematic economic exploitation and exclusion. And we have a responsibility to ensure the story is told”


Later I met with Senior Counsel Dumisa Ntsebeza also on Alternative Dispute Resolution. We spoke about Access to Justice in the Marikana Matter and the danger that the powerful narrative of the miners would be muted or shut down.

Seeing Mpofu angry yesterday did nothing to compromize my respect for him. Sometimes anger is the right response. And for all his political alignment which may be at odds with the Deputy President, I can’t but see beyond the political stuff that may be at play and know that Mpofu is a deeply compassionate courageous lawyer and I honour his proceeding through this under very tough circumstances. Mpofu and Ntsebeza both relayed to me accounts of individual miners and families with an authenticity that I was unable to interpret as anything other than compassion.

Mpofu accused Ramphosa of selling out for 30 pieces of silver. Tragically, I don’t think the Idiom is misplaced. I work in alternative dispute resolution and access to justice. In exploring causality with Ramaphosa, Mpofu unpacked a chain of events and communique linking his action and sometimes inaction to the tragedy. Action in the form of exerting political pressure and the like and inaction in the form of his failure to assess, understand or promote negotiation. One of the most significant aspects of his action was his campaigning for the situation to cease being regarded as a labour dispute, and for it to be declared as criminal activity

In my work we deal with public violence and illegal gathering matters. Mpofu spelt out a very alarming tendency for the source of gathering and marching to be displaced and for gatherers and marchers to be viewed as criminals. The focus is completely taken off the originating cause which is often human rights violations or unfair labour practice, but in general, inhumanity. And if the powers that be can convince us that it is not what it is, but is actually criminal activity, then we will go on accepting police heavy- handedness which is accompanied by killing, injury and detention. The sum total is that the authentic voice of the people is brutalized, suppressed, maybe completely shut down.

I run two organizations. One in alternative dispute resolution (ADR and Mediation) and one in Access to Justice) Both remain apolitical. I remain apolitical. That’s important in what I do. I do what I can to bring light to dark places and to interrupt ensuing injustice. But it’s not enough. I do know though that the voice of the people will take on a life of its own. There is a growing collective no to this stuff and it’s in all of our interests, as a nation to get in the corner of those saying no to injustice.

Latest News: Honour, Storytelling and spreading the message


I greet you in peace. What an exciting few weeks. We have seen a steady rise in registrations on our five day ADR Program and there seems to be rising demand. We get daily enquiries from corporates, local goverment and individuals. It clearly signifies the fact that the profile of Alternative Dispute Resolution is rising which is encouraging. We are also seeing consistenmt increase in demand fore our correspondence program which is research based and registrations from great thinkers and academics are assisting us in producing cutting edge research.

Our programs are benchmarked against national and international standards. However we are including aspects gleaned from further research and experience. Notably we have included The Culture of Honour in our Programs. Inspired by the work of Danny Silk, myself, Adam Bright and Hilton Mundell of Juiced Strategies are building models around a culture of Honour that we see working in practice. We feel we have only scratched the surface of the value of Honour in conflict resolution. I will be writing much more about this topic, but essentially Honour is profoundly not about history, but about destiny. And so when we as mediators engage with parties that have made poor choices ending in tragedy for themselves and others, if we are able to view those parties in terms of their destiny rather than in terms of their history, then we feel we can add more value to the decision making process. Of course history is important and I will discuss this further in discussions around the storytelling aspect.

Also we find that modelling a culture of honour at the table, also shifts the parties from the victim/bully mindset to a mindset which is more empowered and even fights for the honour of an opponent rather being locked in a space of defending self-honour.More about this soon!


We are also seeing the profile of ADR lift in all sectors with an exponential increase of referrals in commercial, workplace, family and other disputes.

We remain committed to raising the profile of ADR Processes in the interests of all role players and disputants. To this end we are looking to meet with influencers in all sectors of society. I have been honoured recently to spend time with represenatives of the Department of Justice Rules Board, the DG for tourism, a represenative from Treasury and a whole host of union leaders and business leaders. They all back ADR processes in a big way. Tomorrow I travel to Joburg tro meet business leaders, the minister of traditional affairs, the DG of Human Settlements and the Department of Justice.

Next year I will be concentrating on public speaking and conferencing around raising awareness for ADR processes. I have been honoured and humbled to be invited to speak at a one day program for 80 business leaders in Africa including some presidents, in January next year.

As many of you know, at the heart of my commitment to ADR processes and mediation is access to justice and storytelling. It is difficult to achieve justice in court as it is essentially a contest which relies to a large extent on the genius, or lack thereof, of the lawyes that the litigants are able to afford.

Storytelling is also a high value for me. It is in being heard and being prepared to listen, that parties are able to shift into patterns of forgiveness and collaboration. To this end we are starting a talk show in January to raise the profile of storytelling and consequently, mediation.

I was most honoured to spend time with Dali Mpofu acting for the injured Marikana Miners. My view is that his and his teams work in uncovering the story of the miners will help to retell South African History authentically, and if we are prepared to listen, this may be significant in helping to shape a better future for us all.

I honour Advocates Dali Mpofu, Dumisa Ntsebeza for the work they are doing for these miners, and actually for us all. I also honour the courage of the first witness, Bishop Seoka.

Until next time, peace!


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