News24

NPA must explain Marikana charges: Radebe

2012-08-31 14:19

Johannesburg - The NPA must explain why the 270 arrested Marikana miners are facing murder charges, Justice Minister Jeff Radebe said on Friday.

"I have requested the acting national director of public prosecutions (NDPP), advocate Nomgcobo Jiba, to furnish me with a report explaining the rationale behind such a decision," Radebe said in a statement.

"Section 179 (6) of the Constitution reads: 'The Cabinet minister responsible for the administration of justice must exercise final responsibility over the prosecuting authority'."

On 16 August 34 striking miners were shot dead in a confrontation with police who were trying to disperse them at the Lonmin platinum mine in Marikana. Another 78 were injured.

Initially, the arrested group was charged with public violence. On Thursday, the National Prosecuting Authority announced they would also face murder and attempted murder charges for the deaths of their colleagues.

Expelled ANC Youth League leader Julius Malema described the murder charges as madness.

"The policemen who killed those people are not in custody, not even one of them. This is madness," he told protesters at the Ga-Rankuwa Magistrate's Court, outside Pretoria, on Thursday.

Radebe said in terms of the NPA Act the NDPP had to provide the justice minister with information or a report regarding the case, and give reasons for any decision taken.

"There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public.

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

Comments
  • gkleingeld - 2012-08-31 14:26

    Did the mob not hack two police officers to death? Did the miners not seek to hak the rest of the police to death? This charge of murder by mob should become law, will stop muderers who hide behind mass action strikes! I say charge them all for accomplice to murder. But there should still be an enquiry into police actions, those guilty in the police should face the music.

      frank.vankaapstad - 2012-08-31 14:40

      I'm not sure the miners can stand trial for murder because they are not mentally fit. People that smear themselves with muti believing it will stop the police bullets from injuring them must be insane.

      frank.vankaapstad - 2012-08-31 14:40

      I'm not sure the miners can stand trial for murder because they are not mentally fit. People that smear themselves with muti believing it will stop the police bullets from injuring them must be insane.

      scouter.fourone - 2012-08-31 14:49

      Has any one noticed the recent plummeting exchange rate? Thanks ANCYL - if you do ever get your wish, you will be inheriting a wasteland of your own making ......

      scouter.fourone - 2012-08-31 14:49

      Has any one noticed the recent plummeting exchange rate? Thanks ANCYL - if you do ever get your wish, you will be inheriting a wasteland of your own making ......

      gift.mushi.9 - 2012-08-31 15:36

      I will say it again, all the miners arrested will walk and i will be celebrating. This is a waste of time and taxpayers money. All whites can hope and have wishfull thinking but it will be in vain.

      gift.mushi.9 - 2012-08-31 15:36

      I will say it again, all the miners arrested will walk and i will be celebrating. This is a waste of time and taxpayers money. All whites can hope and have wishfull thinking but it will be in vain.

  • barry.ahern.3 - 2012-08-31 14:26

    Im not shocked, confused, or panicing. GO JUSTICE SYSTEM!

      Trevorcentury - 2012-08-31 14:32

      Hey Barry i do not think i agree with the 270 miners being charged. Do they really have proof against any one of these guys. This is where the Unions should take accountability, the guys that run those Unions should go face the law. They should control their members, this would also make them think twice about illegal strikes

      Trevorcentury - 2012-08-31 14:32

      Hey Barry i do not think i agree with the 270 miners being charged. Do they really have proof against any one of these guys. This is where the Unions should take accountability, the guys that run those Unions should go face the law. They should control their members, this would also make them think twice about illegal strikes

      deon.louw.7505 - 2012-08-31 14:38

      I agree 10 people died at the hands of the miners, perhaps not the other 44, but there is enough proof.

      deon.louw.7505 - 2012-08-31 14:38

      I agree 10 people died at the hands of the miners, perhaps not the other 44, but there is enough proof.

      barry.ahern.3 - 2012-08-31 14:50

      @trevorcentury. They are being charged under "common purpose". Basically say for instance 2 people enter your property with the intent to murder somebosy, and one of them is killed during the act, and the second arrested. Should the second person now not be charged with murder eventhough he was there, was going to perform the act, and the act was actually completed although not by his hand? Same thing. They formed a group, charged police with intent to kill...that my friend, is attempted murder straight off the bat! Because your common purpose withing the group was to kill and charge the police, you should be held accountable for your incitement to the event. Plain and simple.

      barry.ahern.3 - 2012-08-31 14:50

      @trevorcentury. They are being charged under "common purpose". Basically say for instance 2 people enter your property with the intent to murder somebosy, and one of them is killed during the act, and the second arrested. Should the second person now not be charged with murder eventhough he was there, was going to perform the act, and the act was actually completed although not by his hand? Same thing. They formed a group, charged police with intent to kill...that my friend, is attempted murder straight off the bat! Because your common purpose withing the group was to kill and charge the police, you should be held accountable for your incitement to the event. Plain and simple.

      andre.vandeventer.16 - 2012-08-31 15:10

      let the judge/s preside over the the matter, not the minister. This is a democracy although the government acts like an autocracy!

      andre.vandeventer.16 - 2012-08-31 15:10

      let the judge/s preside over the the matter, not the minister. This is a democracy although the government acts like an autocracy!

  • fussed.anderson - 2012-08-31 14:27

    How does there brain no, that space to hold there ears apart work?????

      TshilidziPhuravhathu - 2012-08-31 14:45

      Ok after 10 attempts and 1 read backwards, trying to make scence of what you wrote... I give up!

      TshilidziPhuravhathu - 2012-08-31 14:45

      Ok after 10 attempts and 1 read backwards, trying to make scence of what you wrote... I give up!

      stefan.kruger.1297 - 2012-08-31 15:19

      Don't be Fussed about it.. hahaha

      stefan.kruger.1297 - 2012-08-31 15:19

      Don't be Fussed about it.. hahaha

      sandra.j.rennie - 2012-08-31 15:20

      What ?

      sandra.j.rennie - 2012-08-31 15:20

      What ?

  • Trevorcentury - 2012-08-31 14:29

    Jacob come back for Julius.... not sure who is winning this one tho...

  • tiaan.truter - 2012-08-31 14:32

    sigh...idiots...idiots everywhere.enough said

  • glen.e.huysamer - 2012-08-31 14:44

    The government, police, NPA and Unions are totally and rapidly loosing any credibility with the entire mining workforce, and the result has begun to spread to other mines, as workers without Unions (NUM/Casatu) are moving to lay down tools, this is already happening, as reports are now revealing that Goldfield strikes are three days old already as more and more workers are laying down tools. Already labeled as a wild cat strike, this however is not in the realm of a labor dispute but a show of solidarity with their counterparts. The government continues to botch it up as the ANC tries to coat the truth and suppress the ability of the Lonmin workers to negotiate fairly, the fact is that the concerns and debate around government/casatu(NUM) alliance and their involvement with the occurrences at Marikane' is spreading like wild fire through the working ranks.

  • gandanga.tororo - 2012-08-31 14:47

    Who is fooling who? I need a lion larger. Who is in charge? ANC or red ants.

      martin.perold - 2012-08-31 15:41

      I wish I understood this comment.

      martin.perold - 2012-08-31 15:41

      I wish I understood this comment.

  • scouter.fourone - 2012-08-31 14:51

    Has any one noticed the recent plummeting exchange rate? Thanks ANCYL - if you do ever get your wish, you will be inheriting a wasteland of your own making ......

      AyGeewils - 2012-08-31 18:22

      And guess what there is Malema's comment thrown in AGAIN by his faithful servants N24 - Ridiculous!!

  • shireen.chodree - 2012-08-31 15:00

    No Jeff Radebe, there is no confusion. Do not speak on behalf of the South African public. 10 People were murdered, irrespective of being policemen or civilians. We are tired of the lawlessness. They must be charged or else they will go on murdering when they feel unhappy. Do not question when the NPA is doing their job. I thought you were more literate than Julius Malema but your thinking is exactly the same now.

      psalm.proverb.3 - 2012-08-31 15:26

      @ Shireen Do you have evidence that these arrested miners killed the 34 miners and the additional 10 people? You have no grasp of the legal issues being raised here. Jeff is on the ball on this one. Prof Pierre De Vos is fully on the ball on this one. Perhaps you should move to Somalia, where law is 'anything goes'. Just a suggestion.

      psalm.proverb.3 - 2012-08-31 15:26

      @ Shireen Do you have evidence that these arrested miners killed the 34 miners and the additional 10 people? You have no grasp of the legal issues being raised here. Jeff is on the ball on this one. Prof Pierre De Vos is fully on the ball on this one. Perhaps you should move to Somalia, where law is 'anything goes'. Just a suggestion.

      zaks2217 - 2012-08-31 16:48

      Shireen sister you don't understand. These miners need fair representation. I don't knw if u are aware that most of thos miners were actually shot in the back by the police. It seems u are being biased based on all the negative comments from right wing ppl. Don't follow them they will chow u given the chance.

      zaks2217 - 2012-08-31 16:54

      And Julius Malema is a boss. He makes the racists excited.

      marc.schnehage - 2012-08-31 17:17

      No Zaks, fatboy doesn't make us exited. His stupidity just provides light entertainment.

      zaks2217 - 2012-08-31 17:34

      So marc well done, u have just admitted to being a racist pig. Now that's light entertainment lol. The thumbs up is from me

  • Msika - 2012-08-31 15:01

    Bizare! Can't say I am suprised though, this is SA.

  • tony.naidoo - 2012-08-31 15:06

    How can a Prosecution Authority explain what it does NOT understand? Acting with common purpose....like the archaic legislation of the NP which used to round us up by the hundreds and flog the s*$t out of us! The entire judiciary needs an overall. In fact, the entire govt. needs to be overalled !

  • lukombo.cliff - 2012-08-31 15:06

    I heard that according to reports,yet to be confirmed,most of those 44 who died from the police shooting was killed or shoot at the back. Any comments?

      dave.nutter.75 - 2012-08-31 15:38

      the rabit did this

      dave.nutter.75 - 2012-08-31 15:38

      the rabit did this

      rui.d.barros.7 - 2012-08-31 15:43

      Yes it was 34 Miners and they were shot by the miners behind them. These miners were trying to shoot the police but missed because they were high on muti .....

      rui.d.barros.7 - 2012-08-31 15:43

      Yes it was 34 Miners and they were shot by the miners behind them. These miners were trying to shoot the police but missed because they were high on muti .....

  • kingsley.mgidi - 2012-08-31 15:07

    living in south africa without money to hv a lawyer is hard! Most people who lead this country are above the law and zuma is doing nothing about it!

  • andre.vandeventer.16 - 2012-08-31 15:07

    They can be charged of complicity, and found guilty if so proven. Whhy is the minister meddling with this case? The ANC is definitely politicising this case. There is a prosecuting authority to decided what to do!

      psalm.proverb.3 - 2012-08-31 15:37

      @ Andre OMW!! How were they complicit in the alleged murder allegedly committed by the police? For this murder charge on common purpose implies that the police committed murder - the miners only had common purpose with the police who committed murder. No miner has been reported as having killed another miner or having planned such a murder. So, how were they complicit to the alleged murder by the ploice?

      psalm.proverb.3 - 2012-08-31 15:37

      @ Andre OMW!! How were they complicit in the alleged murder allegedly committed by the police? For this murder charge on common purpose implies that the police committed murder - the miners only had common purpose with the police who committed murder. No miner has been reported as having killed another miner or having planned such a murder. So, how were they complicit to the alleged murder by the ploice?

  • trevor.pietersen.3 - 2012-08-31 15:07

    what a FOOL...why have weapons when striking?

  • psalm.proverb.3 - 2012-08-31 15:22

    Why is it that every monumentally stupid decision taken by the NPA seems to have a Black male member of the NPA as a culprit? Anyone who applaudes this murder charge on common purpose must be braindead. The police shoot and kill 34 miners. Video footage shows some of this. Now the surviving miners are charged with murder, by police bullets from guns held by the police!! LOL!!! This charge implicates the state police in murder, for there must be a crime commited for a charge on common purpose. The 34 miners were killed by the POLICE- not miners. By this charge, the NPA is clearly calling police action murder, with which the accused miners are alleged to have common cause. So then, when are they going to arrest the police officers with whom the accused miners intended to have common cause in the murder of the 34 miners??? LOL!!! Not even the Apartheid regime abused the doctrine of common purpose in such a fashion!

      thabo.modiba.7 - 2012-08-31 17:49

      You have nailed it. Incompetent people will be exposed.

      erich.goosen - 2012-09-01 08:51

      The NPA has been contraversial since the early days and the ANC government should accept responsibility for this. They (ANC) systematically got rid of their top prosecutors with integrity and replaced them with imcompetent puppets. It all started when the indefensible decision was taken to prosecute Shabir Shaik but not the main culprit.

  • leonard.w.gray - 2012-08-31 15:27

    another mess, the police don't know what they are doing neither does the judiciary, this government is a joke.

  • alan.mcnab.35 - 2012-08-31 15:33

    An interesting move by NPA . I am sure they will be able to prove that there was compliance amongst most of those arrested but , which judge in our land is going to make a ruling and perhaps sentence against that many people ? This is going to be a Mangaung fiasco with Politicians and Unionists trying to manipulate the outcome to their best benefit . There will not be a lot of justics meted out in this case I am sure .

  • Ditantane - 2012-08-31 15:35

    Justice Minitry and the NPA are both the state right, anyway this madness will be done in 4 months time.

  • anwar.rassool - 2012-08-31 15:41

    pls read dailymaverick.co.za/article/2012-08-30-the-murder-fields-of-marikana-the-cold-murder-fields-of-marikana

      BigChiefPlumbPudding - 2012-08-31 17:00

      Yes many of us have read the article. Do you realise whilst it does certainly raise questions that must be investigated, it also makes massive assumptions and is also filled with huge speculation by the author. Doesn't mean he is wrong, but contrary to the authors view, it is far from decisive proof of anything.

  • mullervince - 2012-08-31 15:44

    Oeps. Another minister who does not know the law. Scary isn't it.

      psalm.proverb.3 - 2012-08-31 15:50

      @ Mullervince Actually, it is the NPA that does not know the law on this one.

      psalm.proverb.3 - 2012-08-31 15:50

      @ Mullervince Actually, it is the NPA that does not know the law on this one.

      zaks2217 - 2012-08-31 16:37

      Muller u are a scrotum

      osama.pascal - 2012-08-31 16:47

      Shut up. Do you?

  • sithembisopa.phewa - 2012-08-31 15:48

    some people here and the npa are not think very well and some day you will find yourself or your relative in some problems and the npa will charge you with some crazy charges like this. we all saw it on tv people getting killed and we saw the shooters. please these people are paid peanuts anyway but they are also wrong (the miners)

  • impi.masondo - 2012-08-31 15:59

    the npa is controled by the elite they are only accepting checks

  • BigChiefPlumbPudding - 2012-08-31 15:59

    Difficult one to prove. I can't see 'common purpose' being upheld for murder at all, but maybe arguable for attempted murder (attacking the police with lethal weapons), but still, I doubt the court will uphold that argument. The murders of the ten people prior to the attack on the police were committed as separate incidents (time & place) and cannot be brought into the arrest of the 270 miners, and therefore should be investigated as independent/separate incidents. Just my take on this - I really cannot see how a charge of murder can be made.

      alan.mcnab.35 - 2012-08-31 16:09

      Nkosi , if the charge was attempted murder it could stick . Watch Juju here , he is going to love this and will make a feast of this !

  • zaks2217 - 2012-08-31 16:35

    Way to go mr radebe. This crap is truly madness as per julius.

  • victor.mabule - 2012-08-31 16:49

    Atleast we have one independent thinker Mr Radebe you are on track we all need an explanation in SA and I am pretty sure that the whole world is awaiting for that too viva Mr Minister viva!!!!

  • farashishiko - 2012-08-31 17:12

    dont get confused these miners they are charged for murdering their colleagues dnt for get the police officer who was in charge there was swearing the whole morning at them saying "today its a d-day" to the miners, from investigative journalism which was done around 20 pple of those killed were killed out of sight of the cameras that we saw the footages WAKE UP AND SMELL THE COFFEE HERE

  • vanessa.govender.73 - 2012-08-31 17:14

    @gift.mushi.9 .... Dude are you still on that race trip! Time to move on from it!

  • thabo.modiba.7 - 2012-08-31 17:25

    He used apartheid era law.

  • mncedisi.frans - 2012-08-31 17:48

    Our justice system is confusing the minister lol. South africa

  • Neal Sing - 2012-08-31 19:10

    The explanation she is simple--Muti made them change to police officers that shot the miners.After the deed was done they changed back to miners

  • Vince.York - 2012-08-31 23:40

    uguh uguh buuguh

  • quartus.vanzyl - 2012-09-01 10:52

    It is called "common purpose" dear minister. We know you have no legal background, but please don't show your ignorance to the world.

  • ndumiso.gagayi - 2012-09-01 21:03

    Thank you mr Radebe and something must be done about that police comisioner also,this is a free South Africa

  • pierre.joubert.338 - 2012-09-01 22:04

    This country is becoming sadder every day - wrong is right and right very wrong; paradise for idiots like malema and co.! Some day(hopefully soon) the wheel will turn and justice will prevail. Idiots have a wonderful ability to eventually put a stick in their own spokes.

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