Marikana commission: Probe needed to determine criminal liability

2015-06-25 20:14
Picture: Leon Sadiki

Picture: Leon Sadiki

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Johannesburg - The Farlam Commission has found that investigations must determine whether anyone should be prosecuted for deaths at Marikana, and if the police can be held liable.

"[The commission] recommends a full investigation under the director of public prosecutions in the North West with a view to ascertaining criminal liability on the part of all members of the SAPS involved in all incident in scene 1 and 2," President Jacob Zuma said, summarising the commission's report.

"A team should be appointed, headed by a senior state advocate, together with independent experts in the reconstructions of crime scenes, ballistics and forensic pathologist practitioners and senior investigators from Ipid and any such experts as necessary.

"[The commission] recommends that all the killings and assaults that took place between the 11th and 15th of August [2012] should be referred to the director of public prosecutions for further investigation and to determine whether there is a basis for prosecution."

Zuma said the commission recommended that the minister of police and national police commissioner should take care when making public statements or addressing members of SAPS.

"They should not say anything which might have the effect of ‘closing the ranks’ or discourage members who are aware of inappropriate actions, from disclosing what they know," he said. 

"The SAPS and its members should accept that they have a duty of public accountability and truth-telling, because they exercise force on behalf of all South Africans, the commission states."

He said the commission recommended that the staffing and resources of the Independent Police Investigative Directorate (Ipid) should be reviewed to ensure that it is able to carry out its functions effectively.

Read more on:    ian farlam  |  jacob zuma  |  marikana inquiry

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