‘We are committed to completing it as soon as possible’: NPA on Marikana killings prosecution

About a year and three months later, the National Prosecuting Authority (NPA) is still studying the docket on the shooting of 34 striking Marikana miners and has not yet taken a decision on whether police officers will be prosecuted.

According to the Independent Police Investigative Directorate (Ipid), which probed the August 16 2012 shootings of Lonmin miners by police during a wildcat strike, the docket was handed to the NPA on May 13 2022. Wednesday marked 11 years since the shootings.

Ipid spokesperson Robbie Raburabu told TimesLIVE the docket was not sent back to the investigators for further investigations.

NPA spokesperson Henry Mamothame said it was too “early” to say when the decision would be taken as a team of prosecutors was still engaging with the docket.

“The determination will only be made when the engagement with the docket is completed. It is still early for us to say [when the decision will be taken], we do not want to put ourselves under pressure. We can assure you there is manpower to handle this case and we are committed to completing it as soon as possible,” Mamothame told eNCA.

The Farlam Commission of Inquiry, which probed the killings, recommended the director of public prosecutions (DPP) of the North West set up a team of experts and carry out a special investigation into the shooting and investigate whether police officers were guilty of criminal activity.

Mamothame said the NPA was treating the case with “due diligence” before a decision can be made.   

Initial delays were caused by resource constraints but these have since been addressed.

“A team of advocates from the NPA head office were assembled to deal with the matter, subsequently relieving the DPP of the responsibility. However, in mid-2022, the matter was brought back to the North West division,” said Mamothame.

“The division at the time was challenged with unfilled vacancies, with limited prosecutors to study the voluminous docket. The necessary resources were made available and vacancies were filled.

“A team of senior state advocates headed by a deputy director of public prosecutions was assembled and is studying the docket, with ongoing consultations with Ipid also taking place, to fast-track the finalisation of reaching a decision.” 

There was progress in the shootings that happened before August 16, he said.

“There is a case where Gen Mzondase Mpembe and five other police officers — Col Salmon Vermaak, Const Nkosana Mguye, W/O Katlego Sekgweleya, W/O Masilo Mogale and W/O Khazamola Makhubela — are charged with the murder of three police officers and two miners who died during the confrontation between police and miners.”

The matter is before the North West High Court and earlier this month the trial was postponed to November 13, he said. 

TimesLIVE