Marikana homicide trial resumes – The Mail & Guardian

The homicide case in opposition to cops who had been concerned in a conflict main as much as the Marikana massacre continued in a near-empty courtroom this week. 

It has been greater than eight years since 34 placing mineworkers had been killed outdoors the Lonmin platinum mines. However since 2012, solely 9 cops have been prosecuted for the deaths. Justice for these households has been elusive. In 2018, the 320 claimants who sued the state, had been paid R69-million for lack of help. However the households haven’t settled for damages regarding emotional shock.

This week six cops appeared earlier than Decide Tebogo Djaje on the Mahikeng excessive court docket for his or her function within the murders of three mineworkers on 13 August 2012 three days earlier than the bloodbath. The state has a listing of 140 witnesses it might name to present proof throughout the trial. There need to date been no prosecutions for the killing of the 34 mineworkers on 16 August 2012.

On Tuesday, the courtroom — not sufficiently big to include the ache endured by the households — was too huge for these in attendance. A lot of the seats, marked with pink tape for social distancing, had been empty. A former colleague of the accused watched the proceedings however didn’t keep the entire day.

Within the second week of the trial of the six cops, together with retired North West deputy police commissioner William Mpembe, video footage taken by police videographer Abrahm Masinya was cross-examined. 

Three days earlier than the bloodbath

Underneath cross-examination, Masinya was questioned in regards to the integrity of the footage he recorded of the occasions of 13 August 2012.

Two mineworkers — Semi Jokanisi, Tembelakhe Mati — and two cops — Hendrick Monene and Sello Lepaaku — had been killed on that day in a violent conflict. One other mineworker, Pumzile Sokanyile, was shot within the again whereas fleeing. 

Again in 2012 Mpembe led the 70 cops to confront about 200 mineworkers who had been barred by safety personnel from getting into one other Lonmin mine, Karee, the place they needed to talk to different mine employees in regards to the strike.
On their approach again to the koppie, the mineworkers had been stopped by the police contingent led by Mpembe and had been requested to put down their weapons. They refused. The police allowed the miners to proceed after which began taking pictures. Mpembe allegedly instructed the police to fireside tear gasoline and stun grenades on the mineworkers, which finally triggered the conflict. In doing so, Mpembe has been charged with performing “in flagrant disregard” of policing tips regarding crowd administration.

He has been accused of giving false proof in regards to the instruction to the Marikana Commission of Inquiry, chaired by Decide Farlam, into the bloodbath. The failure to reveal proof is a violation of the Commissions Act

One in all Mpembe’s co-accused, retired air wing commander Salmon Vermaak, has additionally been charged with mendacity to the fee. He allegedly instructed his juniors, Nkosana Mguye, Collin Mogale, Katlego Sekgweleya and Khazamola Makhubela, to pursue and shoot on the mineworkers fleeing the scene.

Vermaak and Mpembe have additionally been charged with defeating the ends of justice.

‘I used to be affected emotionally’

On Tuesday, the six accused sat masked and a metre aside from each other as Mpembe’s lawyer, Jan Ellis, painstakingly cross-examined Masinya. The 2 ex-senior officers sat on pink cushions delivered to the court docket by Vermaak.

Masinya’s cross-examination was gradual, made extra onerous by the awkward push and pull between the 2 interpreters flanking him. The one second of reduction within the sober cross-examination occurred after Masinya was pushed to tears recalling the killing of Lepaaku, who died after being struck by a panga.

The second got here after Ellis questioned why Masinya didn’t file any footage of when Lepaaku was being taken away from the scene in a police van. 

“In that individual interval, my thoughts perhaps slipped off,” Masinya responded. He later added: “Warrant officer Lepaaku, he was my colleague and I used to be affected emotionally.”

On Wednesday, the Nationwide Prosecuting Authority’s (NPA) North West spokesperson, Henry Mamothame, commented on the gradual battle for justice for the Marikana victims. 

“Look, it has been a protracted course of. It has been a protracted course of. However on the finish of the day investigations need to be thorough … We weren’t going to come back to court docket with out issues being totally checked,” he informed the Mail & Guardian.

“To place a good case ahead to make sure prosecution, it takes time. It takes time.”

Although he wouldn’t pre-empt the result of the trial, Mamothame stated the NPA has gathered adequate proof, the fruits of the Farlam fee and the investigation by the Impartial Police Investigative Directorate, to see the case via. “So we expect we have now a case to prosecute.”