Common purpose not fascist: iLIVE
A miner waits in the back of a police van to be called into court yesterday where scores of others appeared in connection with charges of public violence Picture: LAUREN MULLIGAN
It has been widely publicised that the NPA tried to use "apartheid law" to prosecute the arrested Marikana miners. Is this term used to sensationalise the issue?
The reality is that the law is replete with doctrines that were used during apartheid. The doctrine of stare decisis within constitutional prescripts binds us to use such doctrines. There is nothing untoward about that.
Common purpose is a common law doctrine applied by most common law countries, not an "apartheid" doctrine.
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