Marikana trial stalls as defence argues for matter to be struck off the roll

The state says it's ready to proceed

08 March 2023 - 20:41
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now
The matter against a group of Lonmin mineworkers accused of killing seven people in the days preceding the Marikana massacre has been postponed. File photo.
The matter against a group of Lonmin mineworkers accused of killing seven people in the days preceding the Marikana massacre has been postponed. File photo.
Image: Daniel Born

The case against a group Lonmin employees accused of killing seven people in days leading up to the Marikana massacre in 2012 was postponed on Wednesday, for the court to hand down judgment on whether the trial can proceed.

The 17 men appeared at the North West high court sitting in Mogwase.

According to NPA spokesperson Henry Mamothame the defence attorneys are reluctant to proceed as they want the matter to be postponed or struck off the roll, pending the outcome of the review application they registered with the high court in Pretoria, to have all charges against the accused withdrawn. 

“The state opposes this move as an order was granted by the North West judge president for trial to resume amid the pending review application. The state also believes it’s in the interest of justice for the trial to commence, considering the interest of the families of the deceased and of society in this matter,” Mamothame said.

He said the matter was last in court in November last year, and it was postponed for trial as per the judge president’s order.

“Both the state and the accused’s legal representatives have completed their arguments and the sitting judge is expected to make a judgment on Friday on the postponement, or the court exercises its inherent jurisdiction to strike the matter off the roll. The state emphasised its readiness and that of its witnesses to testify in the matter,” he said.   

Mamothame said the group is charged with seven counts of murder, four of malicious damage to property, four of robbery, three for unlawful possession of firearms and three for unlawful possession of ammunition.

The charges are related to the deaths that unfolded during labour disputes between Lonmin mineworkers  and their employers. 

Mineworkers had downed tools and participated in unprotected wage strikes. A total of 44 people lost their lives in days of strike action. Thirty-four were allegedly shot by police on August 16 2012. 

TimesLIVE

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.


READ MORE

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.