Pretoria - While the country yesterday commemorated the Marikana massacre 11 years ago, the National Prosecuting Authority (NPA) reaffirmed its commitment to dealing with criminal proceedings relating to the deaths.
On August 16, 2012, 34 Lonmin mineworkers were killed, allegedly when police opened fire on them during a strike for a wage increase.
After the tragedy, the Farlam Commission of Inquiry made recommendations for law enforcement entities to institute criminal charges against the perpetrators, where evidence was available. The commission also recommended investigations to be instituted to bring the perpetrators to book.
The NPA said 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 death of the 34 mineworkers during an unprotected strike, the Farlam Commission recommended that the Director of Public Prosecutions in the North West investigate the killings to decide whether to charge anyone.
The NPA said that a team of advocates from its head office were assembled to deal with the matter, subsequently relieving the Director of Public Prosecutions of the responsibility. However, in the middle of last year, the matter was brought back to the North West Division.
The division at the time had a limited number of prosecutors available to study the voluminous docket as staff vacancies had not been filled. The necessary resources were made available, and vacancies were filled.
A team of senior State advocates headed by the deputy director of public prosecutions was assembled and is currently studying the docket, with consultations with Independent Police Investigative Directorate (Ipid) also taking place to fast-track the decision-making process, the NPA said.
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 the ends of justice for allegedly concealing information about the murder of Modisaotsile Segalala, who allegedly died in a police holding centre. They were all acquitted in March 2021.
However, there is a pending case against 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, who are charged with the murder of three police officers and two mineworkers who died during the confrontation between the police and miners, preceding the incident on August 16, 2012.
The NPA said that the matter was before the North West Division of the High Court, and the trial was postponed earlier this month to November 13-15, for trial. The State is expected to call more witnesses during this time.
The NPA said that it also had a case against 18 miners, charged with murder and other serious offences. This case is a result of the widespread labour disputes in 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 also relates to incidents that preceded the August 16 Marikana massacre.
The accused are facing charges for offences which include murder, attempted murder, and robberies. The matter has, however, since been provisionally withdrawn in court, pending the finalisation of the review application before the Gauteng High Court, Pretoria, brought by the accused. They are challenging the decision to charge them.
The review application hearing will be heard on October 10.
Pretoria News