NPA committed to dealing with Marikana matters
16 August 2023
The National Prosecuting Authority (NPA) reaffirms its commitment to dealing with criminal proceedings relating to the Marikana deaths that occurred in August 2012, when Lonmin miners embarked on a strike for a wage increase. Following these deaths, the establishment of 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, it recommended for 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 death of the 34 mining workers who were tragically killed on 16 August 2012, 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, 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. 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.
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 all acquitted of all charges in March 2021.
Currently, there is a case where General 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, 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 16 August 2012. The matter is before the High Court of South Africa; North West Division, and the trial sat on 01-04 August 2023. It was postponed to 13 - 15 November 2023, for further trial and the state is expected to call on more witnesses to prove its case.
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 the 16th of August 2012. The accused are facing serious offences comprising of 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. The review application hearing will be heard on 10 October 2023 in the North Gauteng High Court.
Issued by Henry Mamothame, NPA Regional Spokesperson, 16 August 2023
