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Rodger Bosch / AFP - Getty Images
A group of men carry on Friday the coffin containing the body of Mpuzeni Ngxande, one of the 34 striking miners killed by police fire on Aug. 16, in front of the informal settlement near the Lonmin mine in Marikana where the workers were shot.
JOHANNESBURG -- South African authorities on Thursday invoked a legal move seldom used since the dying days of apartheid in order to charge 270 striking miners with the murder of 34 co-workers who were seen being shot dead in a hail of police bullets earlier this month.
Prosecutors have filed papers using a measure called "common purpose", arguing the miners were complicit in the killings since they were arrested at the scene with weapons.
Legal experts said the move will likely collapse when a court hearing bail applications for the 270 near the mine resumes sessions next week and lambasted prosecutors for inflaming a tense situation by seeking a mass indictment that will eventually be rejected.
PhotoBlog: Miners gather to pray for South African shooting victim at site of violence
Pierre de Vos, a law expert at the University of Cape Town, wrote in a blog that the decision to charge the miners was "bizarre and shocking and represents a flagrant abuse of the criminal justice system, most probably in an effort to protect the police and/or politicians ..."
Eighteen years after the country's first free and fair elections, the decision to charge the miners is raising questions about the direction of South Africa's democracy and the rights of the poor in the world's most unequal country.
"The apartheid state often used this provision to secure a criminal conviction against one or more of the leaders of a protest march, or against leaders of struggle organizations like the ANC," de Vos wrote in reference to the African National Congress, which was then a guerilla group in opposition to the apartheid regime but which is now the ruling party.
Pressure on Zuma
President Jacob Zuma and the ANC have faced increasing pressure over the killings, which are the deadliest security incident since apartheid ended in 1994, with many saying the government may be more concerned about protecting its own than miners in shafts.
PhotoBlog: Mourners pay tribute to victims of South Africa mine shooting
The government has launched a probe into the killings, including the deaths of 10 people ahead of the Aug 16 shooting at Lonmin's Marikana mine, northwest of Johannesburg.
Memorial services will be held for the 34 South African platinum miners gunned down by police last week. The country's embattled President Jacob Zuma visited the mine, promising a full judicial enquiry while reassuring international investors that South Africa was open for business. But the price of platinum on world markets surged - as reports suggested strikes were spreading to other mines. Inigo Gilmore, Channel 4 Europe reports.
It is withholding any police punishment until the investigation is over, which is estimated to be sometime in early 2013.
Mine 'bloodbath' shocks post-apartheid South Africa
But after heavy criticism in the South African media, the government appears to be attempting to distance itself from the decision to charge the miners.
On Friday, Justice Minister Jeff Radebe said the National Prosecutions Authority (NPA) must explain why the murder charges were brought.
"There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public. It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken," Radebe said.
The Independent Police Investigative Directorate, a government watchdog, said it had received nearly 200 complaints from the arrested miners of being assaulted and abused while in custody.
Patrick Craven, National Spokesperson for the Congress of South African Trade Unions said his organization was "absolutely outraged at the decision."
After a violet pay dispute left 34 dead and 78 injured in South Africa, Police say they were "forced to use maximum force to defend themselves." ITN's Neil Connery reports.
He said prosecutors "should have waited for the findings of the Judicial Commission of Inquiry ... before jumping the gun and laying such charges. It is showing its contempt for the Inquiry and potentially jeopardizing its independence and relevance by pre-judging the arrested workers on the basis of their own version of the facts."
Craven added that his confederation of unions "also restates its concern over the allegations about the bad conditions in which the accused workers are being held in custody and demands that they should be released on bail immediately."
PhotoBlog: South African president visits miners after deadly shooting
Criticism
Zuma’s government may find it difficult to escape criticism over the killings.
A commentary by Nic Dawes, editor of Johannesburg’s influential Mail and Guardian newspaper, argues that the aftermath of the massacres poses political dangers to the ANC.
"What will happen when the ANC and its trade union allies are no longer unquestioningly accepted as the sole legitimate representatives of poor? When the store of liberation credit has been drawn down so far that it can no longer stand surety for 'a better life' that arrives too incrementally and too unequally?" Dawes asked in the article.
"The killings at Marikana and their political aftermath may at last force us to confront the real consequences of declining alliance credibility," he wrote.
'We won’t have anywhere to go': Angry workers occupy Italy mine
Turf war
Fewer than 7 percent of Lonmin's 28,000-strong South African workforce reported for duty on Thursday as the platinum producer held talks with warring unions, attempting to cool tensions and bring people back to work.
The world's third-largest platinum producer has been forced to shut its mining operations for almost three weeks because of a violent turf war between the established National Union of Mineworkers and militant Association of Mineworkers and Construction Union, which led to the deaths of 44 people this month.
"We have a 6.6 percent average attendance across all shafts this morning," Lonmin said in a statement.
Mourners gather on the "Hill of Horror" at the site of mine shootings
Peace accord
The talks to end the impasse in the platinum mining city of Rustenburg, northwest of Johannesburg, resumed Thursday after dragging into the night on Wednesday.
Officials in South Africa confirmed today that 34 people were killed and 78 injured when police opened fire on striking uranium miners and supporters they allege charged at them. TODAY's Natalie Morales reports.
Gideon du Plessis, deputy secretary general of trade union Solidarity, said discussions are to secure "a return to work agreement -- with the aim of getting workers back to work on Monday after most funerals have been concluded."
Squalor surrounds South Africa's platinum treasure chest
He said the grievances raised by the striking workers would then be dealt with and, finally, a peace accord would be reached.
Solidarity represents skilled workers, and its members have not been on strike, but all unions are taking part in the talks.
Complete World coverage on NBCNews.com
The 3,000 strikers who have brought things to a standstill are mostly rock driller operators, who demand a monthly wage of 12,500 rand ($1,500), which would amount to a hike of more than 25 percent over what the company says it currently pays, excluding bonuses.
Lonmin accounts for 12 percent of the global output of platinum, used in car catalytic converters and jewelry.
Reuters contributed to this report.
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Leave a Comment:
What a dumb headline... So Germany uses Nazi Era Law of not allowing Home Schooling in their country. Almost ANY law can be found in some "other era". Just a headline to get us to read the article.
Agreed Kurt. We have the same law here in the good ole USofA - if me and my buddy robbed a 7/11 and a cop shot my unarmed buddy in the face with a sawed off shotgun and murdered him - I would be charged with my buddies murder.
Disagree. We don't have the same law. We have "felony murder"...which both (i) permits charging a felon involved in a violent crime for any deaths that occur during the comission of his crime (e.g., if the police barge into a bank robbery and accidentally shoot a customer, then the bank robber is liable for murder) and (ii) permits charging accomplices for murders committed during a felony by their criminal cohorts.
In this instance, we have a strike. Striking is not a "felony" in America. In most cases, it's not even a misdemeanor. So, no; the rest of the strikers would not be liable if the police barged in and started shooting people.
Wrong answer. You go to rob a store or break into a house, you know you are COMMITTING A CRIME, and you also know in this situarion a million things can happen and a million things can go wrong. One of them is someone getting hurt or killed. It's called TAKING A RISK. You hope you can steal money or goods, no one gets hurt, and you get away. If things go wrong, and your buddy shoots someone, you took that risk. You should be held responsible. Either that, OR don't commit robbery. Not the same.
Bill again...this is called "felony murder" in the United States. It's applicable only if the underlying crime meets certain criteria (i.e., it's either (i) the type of felony common law generally considers inherently dangerous or (ii) enumerated by a state statute). If applicable, all perpetrators of a felony are criminally liable for injuries occurring during the commission of the felony (e.g., if the police shoot someone in a bank holdup the bank robbers can be charged with felony murder).
In this instance, assuming "going on strike" is not a felony (perhaps a misdemeanor if it gets rowdy)...felony murder would not be applicable in the US to charge the other protesters. Just consider the Occupy movement. Was every Occupy member liable when the police beat up a particular Occupy member? No. And, this evidences the distinction between the South African law (which clearly stifles the people's ability to protest by making them liable for police retaliation) and ours.
You may be conflating felony murder with conspiracy/accomplice liability...whereby all the members of a criminal plot are both guilty of the crime of "conspiracy" and subject to being charged with all the crimes committed by the other conspirators in furtherance of the conspiracy. Two points make this inapplicable in the current case: (i) again, what crime were the protestors committing? and (ii) it's the police who did the killing. So, no...there was no "criminal plot" and, regardless, getting 34 folks shot by the police was not part of their "criminal plot".
So, felony murder would be the only applicable charge...but, again, no "felony" in the US exists for going on strike--and even if it did, it wouldn't likely be the sort of felony to which felony murder is applicable.
Good to see things are going well over there in post-Apartheid S. Africa...would hate to think, after all the show in the 1990's, that they really just stuck them all in a mine out of sight and made them work for less than $1500 a month with a gun pointed at their head.
the USA is headed the same direction as these south african lunitics. look what has happened to voting right in the USA due to right wing liars.
i am not surprised at all! Apartheid is alive and well in South Africa and did not end in 1994. Zuma's Government my foot. He is not in charge of any Government. The white racists are still in charge, hiding behind their well trained caddy boys. The War is now in full swing. Maybe the people of South Africa can learn a thing or two from Robert Mugabe of Zimbabwe. They better wake up or die sleeping. To the people of South Africa arm yourselves with your Voodoo. How could you follow the religion of the same man that enslaved you? He obviously knows nothing about God and his God has to be Satan, for them to be so evil.
South Africa is now majority rule, and the majority elected this government. The fact that you use white people as the sole scapegoat just goes to prove what a racist you are.
You just spew anger. You make no valid point or show no proof. Fact is the country and most in Africa are run by African (black) men and the continent as a whole doesn't function, is corrupt and the average person has beg other countries for aid.
What is largely overlooked is that these strikers murdered eight of their fellow miners in the preceding week because they refused to join the strike, something which should be acceptable in any democratic society. Two of these victimes were burned alive in their vehicle! In addition, two policemen were hacked to death with axes, bringing the total murdered by the strikers to ten! Where is the condemnation of these acts, where is the outrage? These baboons can murder and destroy to their heart's content, they "protest" with spears and axes, they kill people in the most horrific manner and then, having set the precedent, they advance on armed police brandishing these same weapons. WHAT THE HELL DID THEY EXPECT WAS GOING TO HAPPEN? Foreigners have no concept of the violence and intimidation that goes hand in hand with strike action in South Africa. This is not your banner waving group with a megaphone walking up and down the sidewalk asking motorists to honk their horns in support.
protest by hacking people to death .... yea i would open fire also on a crowd that was hacking people to death but i would use an M-134 to save time
Greed is color blind....... Meet the new boss.....Same as the old boss.....
Sounds like Republicans are alive and well in S Africa.
I am not a republican but democrats are just as bad, case in point, Nancy Pelosi exempted American Samoa from the minimum wage hike that was to go from 5.15 to 7.25. side fact starkist tuna is a major donor to her campaign and her husband owns over 17 million in their stock. Also of the top 10 wealthiest senators, 7 are democrats. Why are people so blind to the fact that they are all out for greed.
Wow this is a retarded law they used: "We (the police) shot and killed your buddy but you are guilty of killing him not us because you had a weapon and did not use it to fire on us (the police)."
How does this @!$%# fly over there?
Well, it has always been about power and money and now the blacks are in charge they are killing their own just as when the whites were in charge. Pretty much like on the rest of that continent.
Wonder if that makes the South African blacks evil too...
nothing has changed,well maybe the colors,but the policies remain the same.
Animals.