South Africa: Minister objects to mass miners charge - Africa - World - The Independent

South Africa: Minister objects to mass miners charge

Justice Minister demands prosecutors explain applying apartheid-era 'common purpose' law

Cape Town

South Africa's Justice Minister told prosecutors yesterday to explain their controversial decision to charge 270 demonstrators at Marikana platinum mine with the murders of 34 colleagues who were shot by police. Jeff Radebe said the decision to charge the protesters under the apartheid-era "common purpose" doctrine had "induced shock, panic and confusion" among South Africans reeling from the country's worst violence since apartheid.

On 16 August, 34 demonstrators at the Lonmin mine northwest of Johannesburg were shot dead and another 78 were injured when police opened fire.

Initially, the men arrested during the incident were charged with public violence. But on Tuesday, the National Prosecution Agency (NPA) sparked outrage when it said they would also face 44 counts of murder and attempted murder for the deaths of their colleagues and 10 others – including two police officers and two security guards – who died at Marikana the week before.

Stephen Tuson, an attorney at Wits Law Clinic, welcomed the minister's move saying the "common purpose" rule would be difficult to prove. The rule would require prosecutors to show that the miners had actively provoked the shootings, for example by throwing rocks or urging murder, he said.

But other observers said Mr Radebe's intervention raised questions about the independence of the judiciary. The NPA falls under the Justice Ministry but is supposed to act independently, and there is a debate in South Africa about the point and level at which it is acceptable for the NPA to be overruled.

The NPA, meanwhile, is standing firm. It argues that the use of "common purpose" is justified in a case where "co-perpetrators may be held liable for the death of members of their group or of others where there is enough evidence of foreseeing that death may result as a consequence of their collective action, and nonetheless proceeding with that action".

It confirmed that charges brought at the men's ongoing bail hearing were murder, attempted murder, public violence, illegal gathering, possession of dangerous weapons, and possession of firearms and ammunition.

Life and Style
tech
Arts and Entertainment
Robin Thicke's video for 'Blurred Lines' has been criticised for condoning rape
music
News
Paper trail: the wedding photograph found in the rubble after 9/11 – it took Elizabeth Keefe 13 years to find the people in it
newsWho are the people in this photo? It took Elizabeth Stringer Keefe 13 years to find out
Voices
Yes supporters gather outside the Usher Hall, which is hosting a Night for Scotland in Edinburgh
voicesBen Judah: Is there a third option for England and Scotland that keeps everyone happy?
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Arts and Entertainment
Matt Damon as Jason Bourne in The Bourne Ultimatum (2007)
filmMatt Damon in talks to return
News
peopleThe report and photo dedicated to the actress’s decolletage has, unsurprisingly, provoked anger
Arts and Entertainment
Evil eye: Douglas Adams in 'mad genius' pose
booksNew biography sheds light on comic genius of Douglas Adams
Life and Style
tech... and together they're worth at least £100 million
Arts and Entertainment
While many films were released, few managed to match the success of James Bond blockbuster 'Skyfall'
filmsDaniel Craig is believed to be donning skies as 007 for the first time
Arts and Entertainment
Fringe show: 'Cilla', with Sheridan Smith in the title role and Aneurin Barnard as her future husband Bobby Willis
tvEllen E Jones on ITV's 'Cilla'
Life and Style
Bono and Apple CEO Tim Cook announced U2's surprise new album at the iPhone 6 launch
tech(but you can't escape: Bono is always on your iPhone)
Sport
Tim Wiese
sport
Life and Style
Kim Kardashian drawn backlash over her sexy swimsuit selfie, called 'disgusting' and 'nasty'
fashionCritics say magazine only pays attention to fashion trends among rich, white women
Arts and Entertainment
TVShows like Agents of S.H.I.E.L.D are little more than marketing tools
Arts and Entertainment
Hit the roof: hot-tub cinema east London
architectureFrom pools to football pitches, rooftop living is looking up
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Permanent KS2 Teacher required

Negotiable: Randstad Education Ilford: A Redbridge based Primary School is see...

NVQ Assessor Level 2 & 3 Sport Development

£19200 - £26880 per annum: Randstad Education Manchester Secondary: In NVQ Ass...

Secondary supply teachers required in Newmarket

£21000 - £35000 per annum: Randstad Education Cambridge: Secondary supply teac...

Programme Test Manager

£400 Per Day: Clearwater People Solutions Ltd: Our client are currently seekin...

Day In a Page

Mystery of the Ground Zero wedding photo

A shot in the dark

Mystery of the wedding photo from Ground Zero
His life, the universe and everything

His life, the universe and everything

New biography sheds light on comic genius of Douglas Adams
Save us from small screen superheroes

Save us from small screen superheroes

Shows like Agents of S.H.I.E.L.D are little more than marketing tools
Reach for the skies

Reach for the skies

From pools to football pitches, rooftop living is looking up
These are the 12 best hotel spas in the UK

12 best hotel spas in the UK

Some hotels go all out on facilities; others stand out for the sheer quality of treatments
These Iranian-controlled Shia militias used to specialise in killing American soldiers. Now they are fighting Isis, backed up by US airstrikes

Widespread fear of Isis is producing strange bedfellows

Iranian-controlled Shia militias that used to kill American soldiers are now fighting Isis, helped by US airstrikes
Topshop goes part Athena poster, part last spring Prada

Topshop goes part Athena poster, part last spring Prada

Shoppers don't come to Topshop for the unique
How to make a Lego masterpiece

How to make a Lego masterpiece

Toy breaks out of the nursery and heads for the gallery
Meet the ‘Endies’ – city dwellers who are too poor to have fun

Meet the ‘Endies’ – city dwellers who are too poor to have fun

Urbanites are cursed with an acronym pointing to Employed but No Disposable Income or Savings
Paisley’s decision to make peace with IRA enemies might remind the Arabs of Sadat

Ian Paisley’s decision to make peace with his IRA enemies

His Save Ulster from Sodomy campaign would surely have been supported by many a Sunni imam
'She was a singer, a superstar, an addict, but to me, her mother, she is simply Amy'

'She was a singer, a superstar, an addict, but to me, her mother, she is simply Amy'

Exclusive extract from Janis Winehouse's poignant new memoir
Is this the role to win Cumberbatch an Oscar?

Is this the role to win Cumberbatch an Oscar?

The Imitation Game, film review
England and Roy Hodgson take a joint step towards redemption in Basel

England and Hodgson take a joint step towards redemption

Welbeck double puts England on the road to Euro 2016
Relatives fight over Vivian Maier’s rare photos

Relatives fight over Vivian Maier’s rare photos

Pictures removed from public view as courts decide ownership
‘Fashion has to be fun. It’s a big business, not a cure for cancer’

‘Fashion has to be fun. It’s a big business, not a cure for cancer’

Donatella Versace at New York Fashion Week