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Thu Aug 30, 2012, 01:56 PM

South African Marikana miners charged with murder

Source: BBC

Workers arrested at South Africa's Marikana mine have been charged in court with the murder of 34 of their colleagues shot by police.

The 270 workers would be tried under the "common purpose" doctrine because they were in the crowd which confronted police on 16 August, an official said.

Police opened fire, killing 34 miners and sparking a national outcry.
...
South African lawyer Jay Surju told the BBC's Focus on Africa programme that the "common purpose" doctrine was used by the former white minority regime against activists fighting for racial equality in South Africa.

Read more: http://www.bbc.co.uk/news/world-africa-19424484



There's an internal police review, which will take months to complete - and meanwhile, the survivors, including those wounded, are being charged with the murder of their own people.

I think I speak for pretty much all DUers when I say:



A SA lawyer writes:

Marikana: No common purpose to commit suicide

News that the National Prosecuting Authority (NPA) has decided to charge 259 arrested Marikana miners with the murder of their 34 colleagues who were shot dead by the police, is bizarre and shocking and represents a flagrant abuse of the criminal justice system, probably in an effort to protect the police and/or politicians like Jacob Zuma and Nathi Mthethwa.

In the dying days of pre-democratic era, under increased internal and external pressure from opponents of apartheid, the state relied more and more on the provisions of the Riotous Assembly Act as well as the common purpose doctrine in an attempt to criminalise the actions of all people involved in protest against the National Party government.

Section 18 of the Riotous Assemblies Act of 1956 (which, incidentally, was never revoked by the new Parliament and is still on the statute books) states that any person who conspires with any other person to aid in the commissioning of a crime or incites or instigates any other person to commit a crime, is guilty of a crime as if he or she committed the actual crime him or herself. Incitement to commit a crime is also a criminal offense in our common law.

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 organisations like the ANC (and later the UDF) whose members (on the instructions of the leader or leaders), had taken part in sabotage activities or the assault or killing of representatives of the apartheid state. Even where that leader had not taken part in the sabotage or killing, he or she would be convicted of inciting the assault or the killing.
...

http://constitutionallyspeaking.co.za/marikana-no-common-purpose-to-commit-suicide/

9 replies, 2116 views

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Reply South African Marikana miners charged with murder (Original post)
muriel_volestrangler Aug 2012 OP
FiveGoodMen Aug 2012 #1
Comrade Grumpy Aug 2012 #2
AzDar Aug 2012 #3
Jack Rabbit Aug 2012 #4
nanabugg Aug 2012 #5
Matilda Aug 2012 #6
Ken Burch Aug 2012 #7
LiberalAndProud Aug 2012 #8
Eugene Aug 2012 #9

Response to muriel_volestrangler (Original post)

Thu Aug 30, 2012, 02:47 PM

1. Police kill 34 and blame it on the ones they didn't kill

No country deserves to exist if that's how it plays the game.

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Response to muriel_volestrangler (Original post)

Thu Aug 30, 2012, 03:24 PM

2. This is absurd. Talk about adding insult to injury.

Those police better watch out or they're going to brew up a revolution.

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Response to muriel_volestrangler (Original post)

Thu Aug 30, 2012, 03:29 PM

3. Oh lord.

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Response to muriel_volestrangler (Original post)

Thu Aug 30, 2012, 05:50 PM

4. I thought the apartheid regime was gone

It's no surprise that this kind of jurisprudence is a hold over from a era that was otherwise dismantled.

Needless to say, the charges should be thrown out.

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Response to muriel_volestrangler (Original post)

Thu Aug 30, 2012, 08:04 PM

5. They must be Republicans. Blame the victims...nt

 

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Response to muriel_volestrangler (Original post)

Fri Aug 31, 2012, 03:35 AM

6. How odd that any law from the apartheid era is still on the books.

What kind of twisted logic is this?

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Response to muriel_volestrangler (Original post)

Fri Aug 31, 2012, 03:59 AM

7. This may kill Nelson Mandela

At the least, it will break the old man's heart.

How many shares of that mining company do the current ANC leadership circle OWN, for God's sakes?

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Response to muriel_volestrangler (Original post)

Fri Aug 31, 2012, 04:10 AM

8. Doesn't this amount to throwing gasoline on the fire?

I fail to see how this will help Zuma. It seems like a political hot potato best dropped. I can't understand the motive behind this prosecution at all.

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Response to muriel_volestrangler (Original post)

Fri Aug 31, 2012, 08:20 AM

9. Marikana murder charges: South Africa minister wants explanation

Source: BBC

31 August 2012 Last updated at 11:52 GMT

Marikana murder charges: South Africa minister wants explanation

South Africa's justice minister has demanded an explanation after 270 miners were charged with the murder of their colleagues who were shot by police.

The decision had "induced a sense of shock, panic and confusion" among South Africans, Jeff Radebe said.

State prosecutors charged the miners under the apartheid-era "common purpose" doctrine.

The decision has already been condemned by constitutional lawyers.

-snip-


Read more: http://www.bbc.co.uk/news/world-africa-19438343

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