Still long road to justice for Marikana families
THERE is a lengthy road to justice ahead for the families of the 34 mineworkers murdered during the Marikana massacre in North West.
Six years after the tragedy, the investigations remain incomplete and the police officers responsible are yet to be charged for the killings, which occurred during a violent strike at the Lonmin platinum mine.
National Prosecuting Authority (NPA) spokesperson Luvuyo Mfaku said last year that they had received dockets from the Independent Police Investigative Directorate (Ipid) regarding the August 16, 2012 shooting.
“In respect to the events of the 16th, which are divided into two scenes, Ipid brought the dockets (to the NPA) towards the end of last year. Prosecutors prioritised the dockets (and concluded) that the investigation was not completed.
“They (prosecutors) are busy compiling detailed directives that they will forward to Ipid to conduct further investigations,” Mfaku added.
He said the Farlam inquiry recommendations had not yet been implemented entirely.
“There are only three gators from Ipid (on the case). There was the reconstruction of the scene that Judge (Ian) Farlam said experts must be appointed (for). We identified the experts but Ipid doesn’t have the money,” Mfaku said.
Ipid spokesperson Moses Dlamini said: “The investigation with regard to these deaths where 34 people died was completed and the dockets were referred to the NPA on August 1, 2017 for a decision.
“Ipid is still awaiting a decision in this regard,” Dlamini said.
IPID requested funding from National Treasury, Parliament and the Ministry of Police but no funding was received, said Dlamini on the lack of funds to reconstruct the scenes.
Yesterday, Association of Mineworkers and Construction Union (Amcu) president Joseph Mathunjwa told thousands of people gathered near the koppie where the shootings happened that there were high hopes that justice would be served after former national police commissioner Riah Phiyega was found unfit to hold office and was fired.
“We expected a hard-hitting exposé about the trigger pullers and their commanders, but there was none. However, that has come to pass and there are new developments on this terrain,” Mathunjwa said.
He said there were developments regarding the compensation for the families and victims. “This is a welcome development, although there was an arbitrary decision by the state to come up with a figure without consulting the parties.”
Mathunjwa said he was happy to report that most workers in the platinum mining sector were receiving R12 500 a month.
“However, we now hear of a national minimum wage of R3 500 to be implemented. This figure is a slap in the face of the workers and it is way below Amcu’s threshold,” he said.
Mathunjwa said South needed a living wage.
“The quick implementation of a minimum wage is clearly a way of turning away the attention of workers from the R12 500 demand.
“It is an attempt to ensure that they will now have leverage to pay lower wages than those demanded by Amcu,” Mathunjwa added.
Asked about the task ahead regarding investigations into the case, Mfaku said a lot was being done to ensure there was justice.
“Everybody wants the families to find closure.
“We don’t want that every year when we are saying we are commemorating this tragic incident and be the same, (that) there is no accountability,” Mfaku added.
Few families who lost breadwinners in the days leading up to the Marikana massacre were a step closer to finding closer.
Mfaku said a criminal case against 10 police officers, including former North West provincial deputy police commissioner Major-General William Mpembe, was set for pre-trial in the North West High Court next month.
Mpembe, 55, and the other police officers are facing 15 counts, including murder, attempted murder and defeating the ends of justice, relating to the incidents before the mass murder of the mineworkers on August 16, 2012.
The survivors include Zolile Honxo, Zwelitsha Mtshenwa, Muziwanele Mxinwa, Mzoxolo Zukulu and Sibongiseni Miya.
The other officers facing criminal charges include Constable Nkosana Mguye, 38, retired colonel Salmon Johannes Vermaak, 53, warrant officers Masilo Mogale, 49, Katlego Joseph Sekgweleya, 39, and Khazamola Phillip Makhubela, 49, and brigadiers Gideon van Zyl and Dingaan Madoda.
“There are about 10 officers in court regarding Marikana. Their matter was postponed for pre-trial on September 14.
The Institute for Security Studies, which on Wednesday released a damning research report on the shooting on the small koppie that has become known as “Scene 2”, said the NPA should act to ensure justice.
ISS justice and prevention head Newham said police commanders who authorised the shooting should be a priority for prosecution by the incoming head of the NPA.
“The SAPS can only rid itself of Marikana’s deadly legacy by taking responsibility for the unnecessary killings, with commanders and those who pulled the trigger being held accountable, said ISS Newham.
Independent researcher David Bruce, who compiled the report, The Sound of Gunfire, into the shooting of mineworkers at “Scene 2”, claimed that 57 police officers from four different units had fired 295 bullets at mineworkers.
“(There was a total of) 198 R5 rifle rounds and 97.9mm rounds. SSG shotgun rounds were apparently also used. This was reckless in the extreme,” said Bruce.
“At Scene 2, they took 11 minutes to shoot and kill a further 17 miners, including a group taking cover among rocks and bushes,” said Newham.
The dead miners were honoured and remembered at an event organised by Amcu at Marikana. The UDM and DA leaders, Bantu Holomisa and Mmusi Maimane, called for action to be taken against those responsible
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