Miner murder charges hard to prove

2012-09-01 09:28
’n Stakende mynwerker dans gister met ’n diereskedel, soos dié een wat onlangs op die bors van ’n vermoorde mynwerker neergesit is, by die Nkaneng- informele nedersetting naby Lonmin se Marikana-myn. Foto: Felix Dlangamandla

’n Stakende mynwerker dans gister met ’n diereskedel, soos dié een wat onlangs op die bors van ’n vermoorde mynwerker neergesit is, by die Nkaneng- informele nedersetting naby Lonmin se Marikana-myn. Foto: Felix Dlangamandla

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - Lawyers are threatening court action against President Jacob Zuma unless 270 miners, charged with murdering 34 colleagues shot dead by police, are released this weekend.

Prosecutors charged the workers on Thursday, based on a rule used by the former regime, in connection with the deaths two weeks ago at a platinum mine.

Funerals are due to be held on Saturday for many of the workers killed at the Marikana mine, outside Rustenburg, northwest of Johannesburg.

On Friday the justice minister demanded that the prosecutors explain why the arrested miners had been charged with murdering their colleagues, a move widely denounced by legal experts.

"There is no doubt that the NPA's [National Prosecuting Authority's] decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public," said Justice Minister Jeff Radebe.

"It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken," he said.

He demanded a report on the murder charges following the August 16 shootings, the worst day of police violence since 1994.

Lawyers for the arrested mineworkers went further, threatening President Zuma with court action if they are not released by 09:00 on Sunday.

Arrests illegal

"It is our view that the arrests of our clients were and remain unlawful," they said in an open letter.

The presidency could not confirm if Zuma had received the letter.

Police claimed self-defence in the shooting, after an escalating stand-off between rival unions had already killed 10 people including two police officers during an increasingly bitter strike over pay at Lonmin's Marikana mine.

NPA spokesperson Frank Lesenyego told the media it was normal procedure to charge those arrested during a confrontation with police when fatalities resulted.

No police officer has been charged.

But the common purpose rule, which prosecutors are apparently basing their decision on, would be hard to prove, legal experts said.

"My view is that this decision to prosecute [the miners] is premature, it's outrageous actually," said Stephen Tuson, an attorney at the Wits Law Clinic in Johannesburg.

Constitutional law expert Pierre De Vos said there was no basis for charges under a 1956 incitement act or the common purpose doctrine, which has its roots in British colonial law.

"Unless what we saw on our TV screens never happened or unless the NPA is hiding shocking and bizarre conspiracy theory-type evidence from us... there could be no possible valid reason," he wrote on his blog.

Rituals held

The chief whip of the ruling African National Congress said an explanation of the police action would "assist all of us to understand how the arrested miners should legally shoulder the sole responsibility for the tragedy that befell the Marikana community and the nation".

On Friday rituals were held for some of the dead before their bodies were taken to their home towns for burial.

A group of singing and dancing men welcomed the coffin of mine worker Mpuzeni Ngxande at the hill where he was shot dead.

A line filed past the open coffin before it was taken into his shack in the nearby informal settlement.

The Council for the Advancement of the SA Constitution condemned the national prosecutors "for acting in a partisan, perverse and irrational manner in bringing charges of murder".

The mine remained shut after the failure of talks to end strike action.

The striking miners want a wage increase to R12 500.

Lonmin, the world's number three platinum producer, says the workers already earn around R10 000 when bonuses and other compensation are included.

"We have no faith in the talks, they are just a distraction to make Lonmin appear as if they are doing something," Joseph Mathunjwa, leader of the Association of Mineworkers and Construction Union, told reporters.

"There is no tangible offer that the employer has made to try and address the cause of the strike, which is the issue of the wages."

Read more on:    lonmin  |  mahikeng  |  mining unrest
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
56 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

The world's least visited destination is breathtaking!

Who would have guessed the world’s least visited country would have such spectacular beaches?

 
 

I love summer.24

LOL treadmill fail!
Google’s top searches of 2014
10 of the strangest Christmas traditions around the world
2014's best drone videos

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Any chance to explore the distant shores of things yet to be found will fascinate you. The challenge is dealing with the issues...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.