Johannesburg – The Social Economic Rights Institute (Seri), which represents the families of 56 striking mineworkers, said the victims of the Marikana Massacre are still waiting for full justice and an apology from President Cyril Ramaphosa.
Seri lambasted the National Prosecuting Authority (NPA) for delaying prosecution for the gruesome killings of 34 mine workers 11 years ago.
On August 16, 2012, 34 people, mostly striking miners, were shot dead and 78 were wounded when police fired on a group gathered on a hill near the mine while attempting to disperse and disarm the protesting group.
In the preceding week, 10 people, including two police officers and two security guards, were killed.
Seri executive director Nomzamo Zondo said the NPA does not take their plight seriously.
"The NPA does not take the plight of the families seriously. Ipid (Independent Police Investigative Directorate) has confirmed to us that the docket was handed over to the NPA. It is 11 years now; this undermines the possibilities of justice for the families," said Zondo.
Today, the NPA reaffirms its commitment to dealing with criminal proceedings relating to the Marikana deaths, when Lonmin miners embarked on a strike for a wage increase.
Following the deaths, the Farlam Commission of Inquiry made recommendations for law enforcement entities to institute criminal charges against the perpetrators where evidence was available.
Further to this, it was recommended that criminal investigations 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.
Regarding the deaths of the 34 mineworkers allegedly by the police during an unprotected strike, the Farlam Commission recommended that the Director of Public Prosecutions (DPP) in the North West investigate the killings to decide whether to charge any person or not.
Ultimately, a team of advocates from the NPA head office was 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.
NPA North West spokesperson Henry Mamothame said the division at the time was challenged with unfilled vacancies and limited prosecutors to study the voluminous docket.
"The necessary resources were made available, and vacancies were filled. 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 Ipid also taking place, to fast-track the finalisation of reaching a decision," said Mamothame.
In a separate matter that has been concluded in court, General Mzondase Mpembe, the former 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. They were acquitted of all charges in March 2021.
Mamothame said currently, there was a case where 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, 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.
He said the matter is before the High Court, North West Division, and the trial would sit on August 1, 2023. It was postponed to November 13-15 and the State was expected to call more witnesses to prove its case.
Mamothame said 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. This matter is also about incidents that preceded August 16, 2012. The accused are facing serious offences comprising murder, attempted murder, and robberies, amongst 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.
He added that the review application hearing will be heard on October 10, 2023, in the North Gauteng High Court.
The Star