Charges brought against Marikana miners based on evidence before prosecutions team
31 Aug 2012
The National Prosecuting Authority (NPA) wishes to confirm that it has brought the following charges against the accused in the Marikana case:
- Murder
- Attempted Murder
- Public Violence
- Illegal Gathering
- Possession of Dangerous Weapons
- Possession of Firearms and Ammunition
The NPA has noted the public concern arising from the decision to charge the miners with murder. Ordinarily, the NPA does not favour the stance of engaging in public about its prosecutorial strategy. Even in this instance this is no attempt to do so, but to briefly set the record straight as we recognise the significance of this case and the national and international attention it has attracted since it started in the past week.
We would like to stress that decisions in criminal cases are taken on the basis of all the facts available to the prosecution, and not only on what has been captured on television and in other media. The prosecution has evidence that it is confident is sufficient to sustain the charges that have been brought against the miners.
In terms of the law, 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. This approach is based on sound legal principles that are well established in law and there is case law to support the approach the NPA has adopted.