ANC split over Marikana?
2012-09-02 10:51
Mmanaledi Mataboge and Xolani Mbanjwa, City Press
Cape Town - Tension
over the National Prosecuting Authority’s (NPA’s) decision to charge
269 Marikana miners with murder is leading to a possible clash within
the ANC.
On Saturday, ANC treasurer-general Mathews Phosa, who is
believed to oppose President Jacob Zuma’s bid for a second term as party
president, became the first of the ANC’s top-six officials to openly
criticise the NPA’s
decision, ominously warning that it could lead to “another Marikana”.
At
the same time, Zuma refused to release the prisoners on Sunday, as
requested by their legal team. Zuma said he would not interfere in the
NPA’s work.
Phosa’s criticism of the charges follows that of Justice Minister Jeff Radebe and ANC chief whip Mathole Motshekga.
The
NPA’s top bosses met behind closed doors on Saturday and it was rumoured
that the murder charges could be dropped as early as Monday.
Apartheid trick
All
269 miners were charged with 34 counts of murder this week under the
“common purpose” doctrine, which was frequently used by the apartheid
state.
Speaking at an ANC centenary torch handover function on Saturday in Hartswater, Northern Cape, Phosa slammed the charges as
reckless.
“Charging some of (the miners) in the face of a
commission of inquiry is contrary to the sub judice rule, reckless,
incongruous and almost absurd,” he said.
Charging miners with
murdering their own colleagues could have consequences “too ghastly to
contemplate”, Phosa warned. “We don’t need another Marikana. We need
cool heads to prevail,” he said.
Police fired at striking Lonmin workers two weeks ago, killing 34 and wounding 78.
Phosa said the ANC was celebrating its 100th birthday at a time when its leadership is “substantially tested by
socio-economic realities”.
Lost faith
According
to Phosa, the Marikana saga posed a big question for the ANC’s
leadership: “Why have the workers lost faith in the legitimate
authorities?”
He is politically linked to a group within the ANC that wants Zuma replaced by his deputy Kgalema Motlanthe in
December, and his views could be seen as an attack on Zuma’s leadership.
Phosa
also took a swipe at Zuma for militarising the police, saying the
country had to “urgently move more and more to civilian control of the
police service, as it was envisaged at Codesa”.
Late on Saturday, lawyers representing the 269 miners were preparing an urgent court application.
Advocate
Lesego Mmusi, who is part of the team, told City Press they were
drafting papers to be served on Zuma and will file an urgent application
with the North Gauteng High Court on Monday.
Zuma’s spokesperson
Mac Maharaj issued a statement saying the president “cannot accede to
the demand”. He said he will wait for the Farlam commission of inquiry’s
recommendations.
Man behind the charges
The man who decided to charge the men with murder spoke out for the first time on Saturday.
Advocate
Johan Smit the director of public prosecutions (DPP) in North West,
told City Press a “prima facie” case existed to charge each miner with
common-purpose murder.
But he said the NPA may consider
individual prosecutions of each of the 269 accused and it might not
oppose bail when the case resumes on Thursday.
Smit vehemently
denied suggestions of a sinister motive behind the charges, adding that
the NPA may change its mind depending on the investigation’s outcome.
“If
we proceed to oppose bail, we will surely have to produce evidence
linking the accused to the crime. I’m not doing anything strange here.
Any other DPP would have taken the same decision,” said Smit.
Depending on what police uncover, the NPA’s “attitude” on opposing bail and the murder charges may change.
Harsh actions
“A
lot of things can happen between now and then, but I can’t say what
will happen,” said Smit, before he had a telephone conference with
acting NPA head Nomgcobo Jiba about the case.
Jiba can review Smit’s decision and must report back to Radebe this week.
Radebe
said the NPA’s decision had induced “a sense of shock, panic and
confusion” among South Africans. He was backed by Motshekga, who said
“we are all surprised and confused by the NPA’s legal strategy”.
Phosa’s
view was backed by Congress of the People leader Mosiuoa Lekota who, in
an interview with City Press, accused Zuma’s administration of the
police’s harsh actions.
“When Mandela became president, the
police force changed into a service. It remained a service throughout
Thabo Mbeki’s two terms. Then Zuma comes in and tells the nation that
the police should become a force,” Lekota said.
An ANC national
executive committee (NEC) member who supports Zuma said there was
growing unhappiness among NEC members about the murder charges.
But
he slammed Phosa, saying: “If all of us (NEC members) go out and say
our views it will be a disaster. We must close ranks, that’s why
political organisations like us exist. I also have my own views, but I
have to protect the organisation.”
On Saturday, Julius Malema’s Friends of the Youth League also asked for the miners’ immediate release.
