Marikana Shootings Farlam Commission Thread

[DreamKing]

ANC split over Marikana?
2012-09-02 10:51

Mmanaledi Mataboge and Xolani Mbanjwa, City Press

Cape Town - Tension over the National Prosecuting Authority’s (NPA’s) decision to charge 269 Marikana miners with murder is leading to a possible clash within the ANC.

On Saturday, ANC treasurer-general Mathews Phosa, who is believed to oppose President Jacob Zuma’s bid for a second term as party president, became the first of the ANC’s top-six officials to openly criticise the NPA’s
decision, ominously warning that it could lead to “another Marikana”.

At the same time, Zuma refused to release the prisoners on Sunday, as requested by their legal team. Zuma said he would not interfere in the NPA’s work.

Phosa’s criticism of the charges follows that of Justice Minister Jeff Radebe and ANC chief whip Mathole Motshekga.

The NPA’s top bosses met behind closed doors on Saturday and it was rumoured that the murder charges could be dropped as early as Monday.

Apartheid trick

All 269 miners were charged with 34 counts of murder this week under the “common purpose” doctrine, which was frequently used by the apartheid state.

Speaking at an ANC centenary torch handover function on Saturday in Hartswater, Northern Cape, Phosa slammed the charges as reckless.

“Charging some of (the miners) in the face of a commission of inquiry is contrary to the sub judice rule, reckless, incongruous and almost absurd,” he said.

Charging miners with murdering their own colleagues could have consequences “too ghastly to contemplate”, Phosa warned. “We don’t need another Marikana. We need cool heads to prevail,” he said.

Police fired at striking Lonmin workers two weeks ago, killing 34 and wounding 78.

Phosa said the ANC was celebrating its 100th birthday at a time when its leadership is “substantially tested by
socio-economic realities”.

Lost faith

According to Phosa, the Marikana saga posed a big question for the ANC’s leadership: “Why have the workers lost faith in the legitimate authorities?”

He is politically linked to a group within the ANC that wants Zuma replaced by his deputy Kgalema Motlanthe in
December, and his views could be seen as an attack on Zuma’s leadership.

Phosa also took a swipe at Zuma for militarising the police, saying the country had to “urgently move more and more to civilian control of the police service, as it was envisaged at Codesa”.

Late on Saturday, lawyers representing the 269 miners were preparing an urgent court application.

Advocate Lesego Mmusi, who is part of the team, told City Press they were drafting papers to be served on Zuma and will file an urgent application with the North Gauteng High Court on Monday.

Zuma’s spokesperson Mac Maharaj issued a statement saying the president “cannot accede to the demand”. He said he will wait for the Farlam commission of inquiry’s recommendations.

Man behind the charges

The man who decided to charge the men with murder spoke out for the first time on Saturday.

Advocate Johan Smit the director of public prosecutions (DPP) in North West, told City Press a “prima facie” case existed to charge each miner with common-purpose murder.

But he said the NPA may consider individual prosecutions of each of the 269 accused and it might not oppose bail when the case resumes on Thursday.

Smit vehemently denied suggestions of a sinister motive behind the charges, adding that the NPA may change its mind depending on the investigation’s outcome.

“If we proceed to oppose bail, we will surely have to produce evidence linking the accused to the crime. I’m not doing anything strange here. Any other DPP would have taken the same decision,” said Smit.

Depending on what police uncover, the NPA’s “attitude” on opposing bail and the murder charges may change.

Harsh actions

“A lot of things can happen between now and then, but I can’t say what will happen,” said Smit, before he had a telephone conference with acting NPA head Nomgcobo Jiba about the case.

Jiba can review Smit’s decision and must report back to Radebe this week.

Radebe said the NPA’s decision had induced “a sense of shock, panic and confusion” among South Africans. He was backed by Motshekga, who said “we are all surprised and confused by the NPA’s legal strategy”.

Phosa’s view was backed by Congress of the People leader Mosiuoa Lekota who, in an interview with City Press, accused Zuma’s administration of the police’s harsh actions.

“When Mandela became president, the police force changed into a service. It remained a service throughout Thabo Mbeki’s two terms. Then Zuma comes in and tells the nation that the police should become a force,” Lekota said.

An ANC national executive committee (NEC) member who supports Zuma said there was growing unhappiness among NEC members about the murder charges.

But he slammed Phosa, saying: “If all of us (NEC members) go out and say our views it will be a disaster. We must close ranks, that’s why political organisations like us exist. I also have my own views, but I have to protect the organisation.”

On Saturday, Julius Malema’s Friends of the Youth League also asked for the miners’ immediate release.
- City Press

http://www.news24.com/SouthAfrica/News/ANC-split-over-Marikana-20120902

 

[Necuno]

ANC split over Marikana?


http://www.news24.com/SouthAfrica/News/ANC-split-over-Marikana-20120902

We can only dream of that. Enough $$$ will always unite the hyenas.

 

[House]

It really does not take that much to confuse & split those bunch of clowns there....

 

[Skywalker42]

This "common purpose" doctrine...

First time I hear about it. Not sure if I agree. To me it seems that it is an act ( law ?) written
with only a political agenda.

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

 

[Kompete]

split over this? no ways

when thabo left, we all thought (hoped) a major split was coming and all we got was a splinter

 

[Sneeky]

Marikana Massacre: All this to protect an Oligarch?

Not quite sure what to make of this independent analysis, but will keep my tin foil hat close by.

We are told the workers are demanding that their wage be raised to R12,500 per month (about $1,500) but the workers claim their salary is already at this level. They say they are sub-contracted by a company owned by billionaire South African oligarch Cyril Ramaphosa. He only pays them R5,400 or less and pockets the rest paid out by Lonmin.

;
;
;
All-in Lonmin seems to have paid Ramaphosa and his related companies well over $400m since he bought into the company. This is about 25% of Lonmin’s current market value and is a very large amount for a man who was supposed to be doing the paying when he bought his stake.

And this is not all.

http://www.marikana-truth.com/

 

[ToxicBunny]

Sounds like a crock of horseshyte to me actually.

 

[xrapidx]

In Sa - there are always MANY versions of the truth.

 

[IzZzy]

I'm pretty certain Ramaphosa is not in the business of labour broking. So +1 to poster above.

 

[mika1000]

In Sa - there are always MANY versions of the truth.

so very true.

its rather interesting when ever there's money involved that Ramaphosa's name always pop up... just like Zuma's..

 

[Sinbad]

Hmm. So let one of them post up a payslip, let's see who pays them.

 

[ToxicBunny]

Also.. who is this Andrew Mackay?...

I can find absolutely buggerall about this person online...

 

[Sneeky]

Also.. who is this Andrew Mackay?...

I can find absolutely buggerall about this person online...

Valid point, treat it as trash.

 

[grok]

Read this for another take on the Lonmin strike ..

http://www.politicsweb.co.za/politi...b/en/page71619?oid=324680&sn=Detail&pid=71616

 

[daveza]

http://www.news24.com/SouthAfrica/News/Marikana-families-want-to-be-at-inquiry-20121028

Johannesburg - The families of the victims of the Marikana killings want to attend the Farlam Commission of Inquiry and need funds to travel, the Socio-Economic Rights Institute (Seri) said on Sunday.

"They want to know the truth about what happened to their loved ones on 16 August. They want the opportunity to see the evidence unfold," Seri said in a statement.

"They particularly want to see and hear for themselves what the police have to say about their conduct."

Seri has been instructed to represent the Association of Mineworkers and Construction Union (Amcu) and 21 families of people who were killed by the police on August 16, at the Farlam Commission of Inquiry.

The department of justice said on Saturday, it would no longer provide funding for the families to attend the commission hearings in Rustenburg.

The organisation said it was "shocked and appalled" at the decision by the department of justice to suspend the funding.

"The decision was taken without prior notice or consultation. Our clients are distraught,"

Apparently this decision has been overruled and money will still be provided.

Is there a precedent for paying for the families of victims ?

If someone from my family attacks someone and is killed in the process would my family receive free board and lodging at the inquest - I hardly think so.

 

[Mila]

Don't they have work to be at?

I know you get paid if the case goes to court. For this I don't know.

 

[Slootvreter]

This has turned political, that's why. If someone in your family is killed, it is just another crime.

 

[LazyLion]

What I want to know is who is paying for the Advocates for the families of the victims?
And why do they need advocates at a commission of inquiry?

 

[Mila]

What I want to know is who is paying for the Advocates for the families of the victims?
And why do they need advocates at a commission of inquiry?

We are.

 

[Hemi300c]

ECU agreement is that if anyone is killed by the police or defense force then they are to get assistance in attending the inquiry or hearing.