The National Prosecuting Authority (NPA) on Wednesday reaffirmed its commitment to deal with criminal proceedings relating to the Marikana deaths which occurred in August 2012, where Lonmin miners embarked on a strike for a wage increase.
Following the deaths of at least 44 people, including police officers, security guards and mineworkers, the Farlam Commission of Inquiry made recommendations for law enforcement entities to institute criminal charges against the perpetrators, where evidence is available.
Further to this, NPA North West spokesperson Henry Mamothame said the commission recommended for criminal investigations to be instituted, to bring the perpetrators to book.
“Having noted the litigious nature and complexity of the incident, all role players have been in constant consultation to fast-track the process of completing investigations and where possible, institute criminal charges,” said Mamothame.
Regarding the death of the 34 mineworkers who were tragically killed on 16 August, 2012, the Farlam Commission recommended that the Director of Public Prosecutions (DPP) in the North West should investigate the killings, to decide whether to charge any person or not, regarding the killings.
“Ultimately a team of advocates from the NPA head office were assembled to deal with the matter, subsequently relieving the DPP of the responsibility, however, in mid-2022, the matter was brought back to the North West Division.
“The division, at the time, was challenged with unfilled vacancies, with limited prosecutors to study the voluminous docket. The necessary resources were made available, and vacancies were filled,” said Mamothame.
He said a team of senior State advocates headed by a Deputy Director of Public Prosecutions was then assembled and is currently studying the docket, with ongoing consultations with the Independent Police Investigative Directorate (Ipid) also taking place, in a bid to fast-track the finalisation of reaching a decision.
“In a separate matter that has been concluded in court, General Mzondase Mpembe, the former (North West) deputy police commissioner and three senior police officers, Brigadier Jacobus van Zyl, Brigadier Dingaan Madoda and Lieutenant Colonel Oupa Pule, faced a charge of defeating ends of justice for allegedly concealing information about the murder of Modisaotsile Segalala, who allegedly died in a police centre,” said Mamothame.
“They were all acquitted of all charges in March 2021.”
Currently, Mamothame said there is a case involving Mpembe and five other police officers, Colonel Salmon Vermaak, Constable Nkosana Mguye, Warrant Officer Katlego Sekgweleya, Warrant Officer Masilo Mogale and Warrant Officer Khazamola Makhubela.
The six are charged with the murder of three police officers and two miners who died during the confrontation between the police and miners, preceding the incident of August 16, 2012.
The matter is before the High Court in North West, and the trial sat for four days this month.
“It was postponed to November 13 to 15, 2023, for further trial and the State is expected to call on more witnesses to prove its case,” said Mamothame.
The NPA also has a case against 18 miners, charged with murder and other serious offences.
“This case is a result of the widespread labour disputes that were in and around the Rustenburg area, during August 2012, in particular at Lonmin's Karee and Impala mines, which were characterised by violence and loss of life,” said Mamothame.
This matter is also about incidents that preceded the Marikana massacre.
“The accused are facing serious offences comprising of murder, attempted murder, and robberies, among others. This matter has since been provisionally withdrawn in court, pending the finalisation of the review application before the North Gauteng High Court, brought by the accused, challenging the decision to charge them,” said Mamothame.
The review application hearing will be heard on October 10, in the North Gauteng High Court.
IOL