Generals face criminal charges over Marikana

Crosses mark where 34 Marikana miners striking over poor wages and living conditions were killed by police in Rustenburg in 2012. Picture: EPA

Crosses mark where 34 Marikana miners striking over poor wages and living conditions were killed by police in Rustenburg in 2012. Picture: EPA

Published Dec 12, 2016

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Durban - President Jacob Zuma has revealed that charges have been laid against police generals who led the operations when 34 miners were brutally gunned down in the bloody 2012 Marikana mine massacre.

The matter has been handed over to the National Prosecuting Authority, which is expected to decide whether the charges will be pursued.

Some junior officers have also been charged with murder and attempted murder for killings committed during the unrest. Forty-four people, including miners, security officers and policemen, were killed.

The Presidency was on Sunday commenting through a statement on steps taken by various government departments to implement the Farlam Commission of Inquiry’s recommendations.

On matters relating to the Justice Department, Zuma’s spokesperson Bongani Ngqulunga said warning statements were obtained from senior police officers that were in the operation.

“A criminal case was opened against a major-general in the SAPS for allegedly defeating the ends of justice. He is accused of having failed to exercise command and control at scene 2 and belatedly submitted his own firearm for investigation by ballistic experts. The paramedics under his protection were diverted to scene 2 instead of giving medical attention at scene 1,” Ngqulunga said in the statement.

Another case was opened against a brigadier for allegedly defeating the ends of justice by failing to secure recordings of the extraordinary meeting of the SAPS management.

“An attempted murder case has been opened for some police officers for the miners who were hospitalised with gunshot wounds on August 13, 2012 as per the directive from the NPA,” the statement said.

The Independent Police Investigative Directorate, in its report, recommended prosecutions of certain SAPS members for murder, attempted murder, and defeating and/or obstructing the ends of justice.

Its investigations found that a major-general who was responsible for the Marikana operation “to have been remiss in his conduct when dealing with the incident of August 13, 2012.

“His actions led to the deaths of warrant officers Lepaaku and Tsietsi Monene, as well as strikers Thembelakhe Mati, Phumzile Sokhanyile and Semi Jokanisi.”

“The Farlam Commission found that he had the advice of experienced public-order police officers in dealing with the crowd-control situation and contravened the SAPS’s Standing Order #262 relating to crowd control.”

The major-general will also have to answer to six counts of attempted murder for the five injured miners and one police officer.

“He also faces charges of defeating and/or obstructing the ends of justice, as well as contravention of section 6(2) of the Commissions Act by falsely testifying at the Farlam Commission and denying his role in ordering the police to fire teargas at the strikers,” the statement added.

“A brigadier heading the provincial detectives unit, another brigadier in charge of detectives at the detention centre, and a major have been charged for defeating the ends of justice by concealing a death in police custody.”

A colonel, a warrant officer and a constable have all been charged for Sokhanyile’s murder.

Investigations into allegations of deaths resulting from delays in providing medical attention for the injured strikers were continuing, Ngqulunga said.

“Forensic, ballistic and other evidence, including the authentication of incident footage, is still outstanding.”

@Sihle_MG

The Star

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