The Socio-Economic Rights Institute (SERI) expressed its displeasure at the ruling of the Mahikeng High Court after six police officers who were standing trial in connection with the deaths of three Marikana mineworkers were acquitted on Monday.
“SERI is disheartened with this outcome and our sympathies are with the affected families. The trial had been ongoing since May 2021,” the organisation said.
In March 2021, former North West deputy police commissioner Major-General William Mpembe, Gideon van Zyl, Dingaan Madoda and Oupa Pule were also acquitted in the case relating to the death of mineworker Modisaotsile van Wyk Sagalala, who was one of the 34 mineworkers allegedly injured at “scene 2”.
According to SERI, these officers were charged with defeating the ends of justice, contravening section (29)(1) of the Ipid Act for failure to report a death in police custody to the Independent Police Investigative Directorate (Ipid) and for contravening section 6(2) of the Commissions Act for lying to the Marikana Commission of Inquiry under oath.
During the Marikana Commission of Inquiry, police falsely testified that Sagalala had died at the Andrew Saffy Hospital, which was contrary to what the investigation by Ipid found. It was revealed that Sagalala was already dead when the police transported his body from the detention centre to the hospital.
“To date, the state is yet to charge anyone concerning the events of 16 August 2012. The families of the deceased mineworkers continue to wait for justice 12 years after the Marikana massacre.
“The state has failed in its duties to uphold the rights of victims to an effective remedy and allowed this gross abuse of human rights to remain unaccounted for, to the detriment of the survivors, the families and at a cost of continued failures in policing,” the organisation said in a statement.
SERI executive director Nomzamo Zondo apportioned the blame to the senior police management, saying their lack of accountability and action was a betrayal of justice.
“The failure to hold accountable those responsible for these deaths is a betrayal of justice. Not only does it dishonour the families of the deceased, but erodes trust in our justice system,” said Zondo.
On August 13, 2012, a few days into the strike, mineworkers marched from Karee shaft towards the K4 shaft of the Lonmin Mine to persuade others to join the strike and to refrain from working.
Before reaching the shaft, the mineworkers turned back to return to the koppie that they had occupied in Wonderkop. On their way back, the mineworkers were intercepted by the police led by Mpembe.
SERI detailed how Mpembe attempted to negotiate with the mineworkers, seeking to disarm them of their traditional weapons.
“The mineworkers expressed their desire for the police to instead escort them back to the koppie where they would join the rest of their peers who were peacefully protesting. However, during this exchange, the police suddenly refused to continue with negotiations.
“As the mineworkers began moving away, continuing their march back to the koppie, a tear gas canister was set off, shortly followed by stun grenades without any warning.
“Mpembe was later charged in his capacity as head of the operation during the events of 13 August 2012 for instructing police to fire tear gas, stun grenades, and rubber bullets which led to the chaos that resulted in the deaths of the mineworkers and police officers.”
According to SERi, Mpembe was charged with the murder of all five deceased.
Furthermore, the organisation said Mpembe was also charged with the attempted murders of six surviving mineworkers and one police officer.
“Regarding the murder of Mr Sokanyile, in particular, Mpembe was charged alongside retired Colonel Salmon Johannes Vermaak and police officers Nkosana Mguye, Masilo Mogale, Katlego Joseph Sekgweleya, and Khazamola Phillip Makhubela. Mr Sokanyile died as a result of being shot in the head after allegedly being pursued by the police, some 620m away from the scene of the main confrontation.
“The police officers who were charged included those who admitted shooting at Mr Sokanyile in testimony before the Marikana Commission of Inquiry and were also connected to cartridges found 74.4m away from Mr Sokanyile’s body.”
The Star