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Sat May 25 12:09:24 SAST 2013

Arrested miners now face dismissal

GRAEME HOSKEN and AMUKELANI CHAUKE | 28 August, 2012 00:14
One of the arrested miners waits in the back of a police van to be called into the Ga-RanKuwa Magistrate's court where he appeared with scores of others in connection with charges of public violence.

None of the 259 striking Lonmin workers who appeared in court yesterday would be allowed to return to work, a police officer investigating the charges for which they were arrested testified yesterday.

The disclosure came as tension soared in Marikana, with claims of widespread intimidation of miners intending to report for duty, as well as fresh allegations of police brutality against the arrested strikers.

Also yesterday, at least 1000 workers reassembled at Mari-kana's Wonderkop hill, where 34 striking miners were shot dead by police almost two weeks ago.

Alfonso Mofokeng, a miner from Lesotho, said: "We're aware some people have gone back to work. We need to come up with a plan to deal with them. By going to work they say the murders that took place here were in vain."

In the week leading up to the shooting, 10 people were killed by the striking workers, including two security guards who were set alight in their patrol vehicle, as well as two policemen dispatched to monitor the situation.

Testifying in the Ga-Rankuwa Magistrate's Court yesterday, investigating officer Gideon van Zyl said Lonmin management had made it clear that all arrested workers would not be re-employed.

When asked for comment last night, Lonmin spokesman Barnard Mokwena said the company would not interfere with court proceedings involving its employees.

''We will await the outcome of the court proceedings before delivering on appropriate action,'' he said.

The 259 miners appeared in court in connection with charges of public violence. Van Zyl is heading a team investigating the death of the 10 people killed earlier.

The news of the miners' imminent dismissal follows Lonmin's decision to hold back an ultimatum the company had issued for workers to return to work.

Lonmin last week heeded a request by President Jacob Zuma to allow the nation to observe a week of mourning.

But as the miners appeared in court yesterday allegations of police brutality piled up.

Of the 259 miners who have appeared in court, 198 have opened cases of assault against the police.

Moses Dlamini, spokesman for the Independent Police Investigative Directorate, said the assaults were alleged to have occurred in at least four North West police stations.

"We have registered 198 separate cases. These include cases of common assault and assault with the intent to do grievous bodily harm," Dlamini said.

A source close to the investigation said the alleged assaults are believed to include repeated beatings with heavy objects, including batons.

Groups of up to 30 arrested strikers were allegedly packed into cells, where they would be pepper sprayed once the cells were locked, the source said.

Officers, armed with batons, would then allegedly move in and beat the prisoners.

Dlamini could not say which policemen would be charged. However, he said those found to have knowledge of the alleged attacks but did nothing to stop them would also be charged.

The assaults allegedly took place at Phokeng, Mogwase, Jericho and Bethanie police stations.

Dlamini said investigators were continuing to conduct interviews and the number of assault cases could rise. He said the injured had been taken to local hospitals for treatment.

"Most of the [alleged] assaults were carried out with batons and heavy objects. As well as being beaten, many were also [allegedly] punched and kicked," he said.

Dlamini said he could not comment on allegations that the slain miners were shot in the back.

"We do not yet have the post mortem results," he said.

National police spokesman Captain Dennis Adriao declined to comment on the alleged assaults or allegations that some miners were shot in the back.

"The assault allegations are being investigated by [the Independent Police Investigative Directorate]. We cannot comment on the shooting until the commission of inquiry is complete."

Jacob van Garderen of Lawyers for Human Rights said the torture claims were unacceptable.

"Unfortunately, this type of behaviour is not new. It is vital that these allegations are investigated with the same urgency given to the shooting," he said.

Lonmin's management yesterday said only 13% of employees had returned to work - citing intimidation. Over the weekend, 57% of workers reported for duty.

"There have been incidents of intimidation [of] bus drivers and workers, preventing them from coming to work," the mine said.

The company said its management and representatives of the striking workers met yesterday afternoon to continue with the discussions that started last week.

The meetings, facilitated by the SA Council of Churches, were ''constructive'' and the company had agreed to assist workers by facilitating meetings with other parties.

''Lonmin's management is committed to this process and its absolute focus in the coming days will be to reach a peace accord, under the auspices of the Department of Labour, which allows for a peaceful return to work and an environment in which the concerns of all stakeholders can be addressed,'' the company added. - Additional reporting by Sapa

SHARE YOUR OPINION

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RSA.MommaCyndi

Posted 270 days ago
Avatar
The heading is a bit misleading.

tefson

Posted 270 days ago
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Mr editor you are not telling the truth nor yr sources are ,in actual fact two wrongs don`t make one right ,if the miners are found guilty so would be the police and yet none of these police have been arrested and as the miners loosing their jobs that`s blunted lie.

MicaParis

Posted 270 days ago
Avatar
This is pure Journalism blunder, I think the heading of the article was supposed to be something else!?

But as far as Labour Law is concerned, well, there is distinct difference between Law, Morality and Reality as this issue touches around all those pillars.

Morality is principles concerning the distinction between right and wrong or good and bad behavior or the behavior as it is affected by the observation of these principles.

Reality is the state of things as they actually exist, as opposed to an idealistic or notional idea of them or thing that is actually experienced or seen, especially when it is grim or problematic, "the harsh realities of Marikana".

Law is the system of rules that a particular country or community recognizes as regulating the actions of its members, it always takes preference over morality and reality!

Well unfortunately prescripts pertaining to ''illegal strike'' will have to be implemented by the employer, ultimately law must take its course and honestly the ''results'' of the ''law'' might not favour the morality and reality of the expectations and pain of the Marikana Community!

The core vital issue of an ''illegal strike'' might be a fatal blow'' for the Marikana Community!!

You can imagine who have money to win the court battle between the Miners and Lonmin we talking until the constitutional court as ''strike'' fall under the ''constitutional'' issue on section 23(1)(c) of the constitution!?

As court journeys are normally very long and tiring, ''all of you'' would have faded away from the disaster by the time the real ''dismissal'' take effect, that is when ''reality'' hit!
The Minister, the President and the Unions will not be there when law finally takes its course on a point of morality only Marikana Community will be left alone to suffer the consequences!
Avatar

SuiGeneris

Posted 270 days ago
Mica

''''''''But as far as Labour Law is concerned, well, there is distinct difference between Law, Morality and Reality as this issue touches around all those pillars.'''''''

Concerning the law, they were wrong as the strike was illegal and to top it all, they came armed.

Regarding the morality aspect they were also wrong, because before the strike policemen and mine officials were killed by the miners.

In reality these miners will now have to face the consequences of all their unlawful and immoral actions and live with it.
Avatar

MicaParis

Posted 270 days ago
True! Comrade SuiGeneris

Illegal strike issue suggests nothing but only one inevitable reality that will deal the community morals of the Marikana a fatal blow as those workers will finally 'reap just what they saw' which is an inevitable dismissal plus a cherry on top, ''lengthy prison term'', that is what you get when you take law unto your own hands, a reality that we cannot avoid but morality cannot bare!
Avatar

QPCLCD308

Posted 270 days ago
I respect your accuracy and taking no sides on your analysis! Keep it up you keep us coming for more!

But this are the results of your ANC LEECHES what about that, you have majority but you are failing our country with your ''spear'' and his cronies!

You do not deserve to be in the ANC at list form your own political party!! You are a rare intellectual breed which does not belong anywhere near the ''totally lost ANC''
Avatar

SuiGeneris

Posted 270 days ago
QPCLCD

I agree with you. What a pity that a person who appear to have a healthy mind can be so brain washed and blinded by pure patriotism.

If this was true then one would expect intelligence overrule blind patriotism ?

Or is it a matter of siding with the party that will best butter his bread ?
Avatar

MicaParis

Posted 270 days ago
Comrade SuiGeneris and QPCLCD308

The good will always wins the evil only if we have faith! It means that if we have faith, avoids the sin and pray in the right way, we can eliminate (cure) the cause of all evil (demons and damned souls) and return the ''status quo'' to its original splendor!

Pure racial attacks and sentiments and feelings through the ''heat of the moment'' and the ''eyes of political affiliation'' will never ever take us anywhere!?

Like it or not, the reality is that we all are facing a mammoth task of uniting the country and achieving its general righteousness, whether Zuma or Zille is the same, that will remain a nationwide challenge that we must all overcome, the worst fear that will remain our worst enemy for ever and ever!!
Fighting reality is like trying to absorb all the water in the Pacific Ocean even the rare absolute technology and mind will never win such a war!!


clydebv

Posted 270 days ago
Avatar
It’s amazing to me that the miners are claiming the moral high-ground and then they intimidate others who have a democratic right to attend work, from doing so. I seems to me that as long as they can get what they want then they can break all sorts of laws but when law enforcement gets a little overhanded then they cry foul. I think the miners with their continued illogical actions are turning those who had sympathy for their cause against them.

QPCLCD308

Posted 270 days ago
Avatar
If please we may get rid of the ANC leeches, that is only an answear, what more do we want!
Avatar

RSA.MommaCyndi

Posted 270 days ago
You know, you really aren't doing the DA much good. The similarities between your postings and those of the paid ANC trolls are very telling. Is it your intention to alienate the DA from anyone who may be looking for a party to vote for?
Avatar

Wiseguy

Posted 270 days ago
@Momma......LOL!!!!ha ha ha, hmmmmm?;-)