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Two weeks after South African police opened fire on a group of 3,000 workers and killed 34 people protesting at the platinum miner Lonmin’s (LON:JSE) Marikana mine, prosecutors are bringing murder charges against a unexpected group of suspects: the miners themselves.
The odd twist, which may further infuriate locals already shocked and angered by the police action, came as the men appeared in court close to the mine charged with public violence over the clashes on August 16, reports Associated Press.
The nearly 270 miners arrested over this month’s violent strikes are accused with the murders of those who were shot two weeks ago, as well as related charges for attempted murder of the 78 miners injured in the shooting.
The prosecutors also convinced the magistrate hearing the controversial case to postpone a bail hearing for the miners until September 6. With this, the workers will remain in custody in three police stations in the area until late next week.
Jay Surju, a South African lawyer, told the BBC that the charge the protesters are facing hails from the aparthied era, which the government used to quell dissent.
“This is a very outdated and infamous doctrine,” Surju said. He added the regulation allows the prosecution to apportion criminal responsibility when there is confusion over the exact identity of perpetrators who take part in group-based violence.
Only yesterday Lonmin spokeswoman Sue Vey said conditions on the ground were “still peaceful.” The situation, however, had a turn for the worse as the charges against the miners coincided with a report claiming that many of the victims were shot at close range or run over by police vehicles.
Police had said most of the miners died when officers opened fire as the strikers charged them. Witnesses and journalists who have examined the scene have questioned the police’s account.
(Image courtesy of Wall Street Journal Digital Network, via You Tube)
Related:
South African strikes spread, hitting the country’s second-largest gold producer, Gold Fields >> >>
19 Comments
dundee2004
I really symphatized with the mine workers, however they shouldn’t have had resorted to the violence and instead resorted to peaceful negotiations with the management. There is always a win-win solutions to their legitimate claims and/or grievances through their recognized labor union and collective bargaining agreements.
dundee2004
I think the police officers had exercised “maximum tolerance” and has to defend themselves against the attacks. They are there to serve and protect their own people and as defenders of peace, property, freedom, human rights..etc.. etc; and most of all LIFE. Weapons of any kind issued to them are legal guarantee to strongly implement their duties and if necessary to protect their own life. It is not easy to kill somebody in times of peace.
Dev
First you deny a legitimate rise in the salary of the miners. When the strike becomes violent , you shoot to kill the miners who are armed with sticks and machetes without resorting to any other method to disperse the crowd. Then you charge the miners for the death of their colleagues. And finally you abuse a journalist for unbiased reporting.
sa-citizen
I think you have a very firm but possibly misguided view of events. Rather wait until the facts come out in a court of law and study them for yourself before passing judgement. You do yourself a disservice by making judgements and casting blame on various parties at a point where what really transpired and why is still not fully understood even by those closest to the story.
Tonantzin de Netzahualcoyotl
No, it’s not a surprise.Somebody is accountable.It’s the police force’s job to maintain law and order, and to contain violence when it erupts.They were doing their duty.Everyone has the right to strike, but it is unacceptable for protesters to exert physical violence and intimidate or kill other employees who refuse to join their union.The event began when one of the protesters mutilated a security guard with an axe when the guard refused to join the strike. How can anyone justify this? This was not by any means a peaceful strike – why else would they have been carrying around machetes and axes? We’re not talking about lumberjacks here – we’re talking about people whose intention it was to strike, to intimidate and ti kill.
As someone who lives in Johannesburg, a few hours away from the mine, I am shocked at how the police force has been attacked in the media and in this article for doing their job!In this country, people complain about how long the police take to get to the scene of a crime and to take action; yet this is exactly what they did in this case.They took action and contained the violence for the sake of saving the lives of innocent people and protecting the public.How dare we criticise them for doing their job? Are they supposed to just stand by and watch the situation spiral into chaos?
Their job is demanding enough already. It is unfair and disgraceful that we have put them in a situation where they’re damned if they do their job, and damned if they dont.
KoosD
Having been in a strike…… everyone has the right to strike, everyone has the right to work , too many years unions have been getting away with intimidation. Corporates should take union management on directly and hold the individual leaders directly responsible for loss of earning
Sue unions for loss of earnings
pichurrin
Armed forces who are supposed to protect the people, end up protecting the interest of multinational companies such as Oil fields, mines, oil pipelines. This is not the first case, where tax paid armed forces end up attacking their payers, “to maintain order”.
Chris Armstrong
The “police” and the company, LONMIN, are SICK, EVIL, BASTARDS, a total disgrace to humanity.
Free SA
BBC News, The Wall Street Journal, Reuters and most respectable media outlets are very biased as well, according to most of you.
Check: http://www.bbc.co.uk/news/world-africa-19440245
http://online.wsj.com/article/SB10000872396390444772804577621742306546250.html
http://www.washingtonpost.com/blogs/blogpost/post/south-africa-charges-marikana-mine-workers-with-murder/2012/08/30/81e1a008-f2b9-11e1-adc6-87dfa8eff430_blog.html
etc.
zs6
This article is misleading and conveniently devoid of the any legitimacy. The Macabre twist that Cecilia Jamasmie ignominious promotes in her article forgets to mention that+
o §Flag as inappropriate
the charges are related to the murders of fellow miners, security personnel and the police by the protesters themselves.
Pierre de Vos
Marikana: No common purpose to commit suicide
http://constitutionallyspeaking.co.za/marikana-no-common-purpose-to-commit-suicide/
stone
Africa, for how long are we gonna live in the dark ages? May they souls 4eva rest peacefully!
sa-citizen
Please note that this article tells only part of the story. The charges the miners are facing relate to murders of miners, security, and police members in the weeks and days leading up to the date when the 34 people died and 78 people were injured. Rather reserve your views until you have attended the court case and heard the arguments for and against those charged. Likewise the same needs to be done when reporting on the actions of the police and miners at the judicial commission of enquiry. Only once you know the details of the case (and have heard the arguments of both sides) will you be able to make a fair and less biased report. The one thing that can be assured is that the miners will get very good legal representation and the legal recourse they have through the court system is extensive. Back to your article, what on paper looks to be the application of apartheid style laws very much detracts from the underlying story (and it’s gruesome detail) so when you get closer to the case you will know why these particular group of miners are facing these charges.
Disgusted......!!
You absolute moronic reporter…..you know so little yet you venture such an ill-informed opinion…..wake-up and report fair and just, so that everybody including yourself can make an informed decision……It is the likes of you and your style of reporting that is pulling the country furhter into the dolldrums…….A law is not an “aprtheid-style law” just because it hails from that period of time……it is a law to govern a situation and serves justice…..!!!
a Frustrated south african
The repoting in this article makes it seem like this shooting was for the same reasons as apatheid but in actual fact it wasn’t. The police had used verious other methods to try and control the crowd after being atttacked violently before they started to shoot to protect themselves and there comunity. This had NOTHING to do with apartheid the police most of the police officers was “black” as well as the miners. So what excatly this has to do with apartheid nooone knows. Those police officers did there jobs to protect the people in there country. This is just South Africas way of blaming everything bad that happens on apartheid 18 years after it has ended. South africa should look on how to aprove there future instead of dwelling in the past.
MINING.com Editors
We never said the shooting was driven by
the same ideas/reasons common during the Apartheid-era. The lawyer quoted by
BBC News referred to the legal action faced by the surviving miners. The
professional clearly said that the “common purpose” doctrine under
which the miners will be treated is a law that dates back to the Apartheid
infamous times. This regulation permits the prosecution to apportion criminal
responsibility when there is confusion over the exact identity of perpetrators
who take part in group-based violence.
~ Cecilia Jamasmie
Rainbow.Nation
BAD REPORTER, BAD REPORTER….. If it sounds like i am scolding a dog it is because I intended to.
This story is completely out of context and a good Question is where did you get your facts? Under a Gum Wrapper?…
The poor victims (mine workers) who killed 10 people leading up to the day of the shootings, opened fire on the police, and the police then defended themselves.
The tactics used by the miners where that of the 16th century Zulu tribe and not of apartheid. The mob flanked the barricades of the police and stormed, armed with Pangas, spears and the two service pistols of the policemen they brutally slaughtered earlier in the week ( hacking them to death with machetes or Pangas as they are known locally, they then chopped of their lower jaws and burnt it in a ritual inspired by the Sangoma or witchdoctor.)
Please come to South Africa and see for yourself what has happened here.
Comrade
True.. Let us all wait to hear arguments from both sides. We all know how international journalists views about Africa as a hole. This article tells only part of the story.
drift123
The” witnesses and journalist” must of seen a different video than the one I saw of hundreds of pipe welding miners charging full speed at the police. If I was one of the policemen my barrel would have melted.
I don’t claim to know africa’s’ laws but here in the States it is called self defense when someone is running full speed at you with a weapon.
Six people, including two mine security members had been killed a day or two before the shootings so the police had every right to fear for their life…