Justice delayed: NPA's renewed efforts in Marikana Massacre prosecutions

The National Prosecuting Authority (NPA) has announced its decision to reinstate the case against police officers acquitted in connection with the Marikana Massacre.

This significant move comes as the NPA confirms that the necessary docket has been compiled to resume proceedings, responding to mounting demands for accountability in the wake of the tragic events that unfolded over a decade ago.

The Socio-Economic Rights Institute of South Africa (Seri) said the NPA has failed to prosecute anyone for the deaths of mineworkers despite its assurance to hold those involved to account.

August 16 marked 13 years since the tragic Marikana Massacre, when police shot protesting mineworkers, killing 34 in 2012.

The mineworkers from Lonmin Mine went on a strike for six weeks, challenging their working conditions and demanding a wage increase.

Seri said that without bringing prosecutions for the massacre, the state continues to fail the families of the deceased and the survivors. 

In 2015, the Farlam Commission of Inquiry recommended a criminal investigation into the police over the deaths of the miners. The report concluded that police had a defective plan to end the strike and were wrong to proceed with it.

Seri said that despite repeated assurances of its commitment to dealing with the criminal proceedings relating to the deaths at Marikana, the NPA has failed to prosecute anyone for the deaths of mineworkers that arose from the events.

However, the NPA disagreed with the statement, saying the police officers who were prosecuted were acquitted by the High Court. 

Seri said families were told that the NPA would consider an appeal, but they have heard nothing since.

NPA spokesperson in the North West, Sivenathi Gunya, said the case would resume, adding that the authority looked into all the dockets that were brought from head office to the North West division for a decision, following the acquittals of some police officials.

Only nine officers have been prosecuted to date. 

In 2021, four officers, including former North West deputy police commissioner Major-General William Mpembe, were acquitted in the matter related to the death of Modisatsile van Wyk Sagalala, one of the mineworkers shot on August 16. Sagalala died while handcuffed at the back of a police truck. The High Court also acquitted six officers for their role, which resulted in the deaths of Semi Jokanisi, Thembelakhe Mati, and Pumzile Sekonyile.

Seri executive director Nomzamo Zondo said the NPA in 2023 detailed various personnel and resource constraints, as reasons for their failure to prosecute the deaths.

Zondo noted that two more years have passed, yet families and survivors have still not seen any progress regarding prosecutions.

Gunya said the issue has been resolved, and a team of senior State advocates led by the deputy director has been established to look into the docket.

Seri added that aside from justice for the families, prosecutions for the massacre are consistent with South Africa’s international obligations concerning victims of gross human rights violations, which the Marikana Massacre is emblematic of.

“The failure to hold accountable those responsible for these deaths is a betrayal of the promise of justice. Not only does it dishonour the families of the deceased, but erodes trust in our justice system."

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