REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 34. Another important piece of legislation is the Independent Police Investigative Directorate Act, 201130 which establishes the Independent Police and Investigative Directorate (“IPID”). The IPID replaces the Independent Complaints Directorate (“ICD”). The IPID is a government department established to investigate all deaths as a result of police action or that occur in police custody, and complaints of brutality, criminality and misconduct against members of the South African Police Service (SAPS) and the Municipal Police Service (MPS). It is established in terms of Section 206(6) of the Constitution which makes provision for the establishment of an independent police complaints body. It operates independently from the SAPS. Marikana Commission of Inquiry 35. The incident of labour unrest which arose at the Marikana-Lonmin mine during August 2012 is well-known. Subsequent to this occurrence, the Marikana Commission of Inquiry was appointed by the President of the Republic of South Africa, Mr Jacob Zuma, in terms of section 84(2)(f) of the Constitution of the Republic of South Africa of 1996, on 23 August 2012. 36. Its mandate, arising from the Terms of Reference promulgated on 12 September 2012, was to investigate matters of public, national and international concern arising out of the incidents at the Lonmin Mine in Marikana, in the North West Province which took place on Saturday 11 August to Thursday 16 August, 2012 which led to the deaths of approximately 44 people, more than 70 persons being injured and approximately 250 people being arrested. 37. A high level government team engaged with all stakeholders to ensure that the situation was contained and also to ensure that there was no risk of it spreading to other mines. Evidently the important role that crime prevention and criminal justice play in promoting development and the realisation of human rights in South Africa cannot be overstated. Furthermore the establishment of mine safety forums has assisted in targeting and curtailing mine crime and unrest. Non-refoulement 38. With regards to the right to life in relation to international law, South Africa recognises the international principle of non-refoulement. Refoulement means the expulsion of persons who have the right to be recognised as refugees. The principle of non-refoulement has first been laid out in 1954 in the UN Convention relating to the Status of Refugees.31 This principle is a key facet of refugee law and concerns the protection of refugees from being returned or expelled to places where their lives or freedoms could be threatened. It is important to note that the principle of non-refoulement does not only forbid the expulsion of refugees to their 30 Act No 1 of 2011 Article 33(1): "No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion." 31 16