Four police officers‚ one of them a major-general‚ face murder charges while several other officers are facing charges of attempted murder for their role in the 2012 Marikana massacre‚ it was disclosed yesterday.
Details of the charges were disclosed in an update provided by President Jacob Zuma on steps taken by departments to implement recommendations made by the Farlam Commission of Inquiry into the tragedy.
About 44 people – many from the Eastern Cape – were killed and many others injured when police opened fire on miners protesting for higher wages at the Lonmin Mine in Marikana‚ Rustenburg‚ in the North West province‚ in August 2012.
Zuma said the Independent Police Investigative Directorate (Ipid) had recommended prosecutions of certain SAPS members for the offences of murder‚ attempted murder‚ defeating and/or obstructing the ends of justice‚ contravention of Section 33 (3) of the Independent Police Investigative Directorate Act 1 of 2011 (Ipid Act)‚ contravention of Section 28 read with Section 29 of the said Act‚ and contravention of Section 6 (2) of the Commissions Act 8 of 1947 by giving false testimony.
He said investigations had found a major-general, who was responsible for overall command of the SAPS operation at Marikana‚ to have been remiss in his conduct when dealing with the incident of August 13 2012‚ which had led to the deaths of two police officers‚ namely “Warrant Officer Lepaaku and Warrant Officer Monene‚ as well as three strikers‚ Mr Mati‚ Mr Sokhanyile and Mr Jokanisi”.
The major-general also allegedly ignored the advice of experienced public order police officers on dealing with the crowd control situation and contravened the SAPS Standing Order #262 relating to crowd control.
“The officer faces four counts of murder for the deaths of two police officers and two of the strikers and six counts of attempted murder in respect of the five injured miners and one police officer.
“He also faces charges of defeating and/or obstructing the ends of justice‚ as well as contravention of section 6 (2) of the Commissions Act by falsely testifying at the Farlam Commission and denying his role in ordering the police to fire teargas at the strikers‚” Zuma stated.
The high-ranking officer also faces charges of defeating and/or obstructing the ends of justice‚ as well as contravention of section 6 (2) of the Commissions Act by falsely testifying at the Farlam Commission and denying his role in ordering the police to fire teargas at the strikers.
Zuma said that a brigadier heading the provincial detectives unit‚ another brigadier who was in charge of detectives at the detention centre and a major had been charged for defeating the ends of justice by concealing a death in police custody.
A colonel‚ warrant officer and a constable had all been charged for the murder of Mr Sokhanyile.
“A recommendation has been made that the colonel should further be charged with defeating and/or obstructing the ends of justice and contravention of 6(2) of the Commissions Act for falsely testifying at the Farlam Commission about Mr Sokhanyile’s death.
“With regards to death from the delay in providing medical attention‚ reports indicated that a major-general had diverted medical personnel for the injured strikers at Scene 1.
“The Commission recommended investigations‚ which are still not yet concluded‚” the president said.
He added that forensic‚ ballistic and other evidence‚ including the authentication of incident footage‚ were still outstanding.
Also‚ indications were that the police might have tampered with the crime scene‚ he said.
“Lastly‚ charges for contravening Section 6(2) of the Commission Act‚ Act no 8 of 1947 for misleading the Commission are also under consideration.
The matter has been handed over to the National Prosecuting .”
Zuma added that a criminal case had also been opened against a major-general in the SAPS for allegedly defeating the ends of justice.
“He is accused of having failed to exercise command and control at Scene 2 and belatedly submitted his own firearm for investigation by the ballistic experts‚ and that the paramedics under his protection were diverted to Scene 2 instead of giving medical attention at Scene 1.”
A case was also opened against a brigadier for allegedly defeating the ends of justice by failing to secure recordings of the extraordinary meeting of SAPS management in January 2016.
Moreover‚ an attempted murder case had been opened for some police officers for the miners who were hospitalised with gunshot wounds on the August 13 2012‚ as per the directive from the NPA.
Marikana officers to be charged
Details of the charges were disclosed in an update provided by President Jacob Zuma on steps taken by departments to implement recommendations made by the Farlam Commission of Inquiry into the tragedy.
About 44 people – many from the Eastern Cape – were killed and many others injured when police opened fire on miners protesting for higher wages at the Lonmin Mine in Marikana‚ Rustenburg‚ in the North West province‚ in August 2012.
Zuma said the Independent Police Investigative Directorate (Ipid) had recommended prosecutions of certain SAPS members for the offences of murder‚ attempted murder‚ defeating and/or obstructing the ends of justice‚ contravention of Section 33 (3) of the Independent Police Investigative Directorate Act 1 of 2011 (Ipid Act)‚ contravention of Section 28 read with Section 29 of the said Act‚ and contravention of Section 6 (2) of the Commissions Act 8 of 1947 by giving false testimony.
He said investigations had found a major-general, who was responsible for overall command of the SAPS operation at Marikana‚ to have been remiss in his conduct when dealing with the incident of August 13 2012‚ which had led to the deaths of two police officers‚ namely “Warrant Officer Lepaaku and Warrant Officer Monene‚ as well as three strikers‚ Mr Mati‚ Mr Sokhanyile and Mr Jokanisi”.
The major-general also allegedly ignored the advice of experienced public order police officers on dealing with the crowd control situation and contravened the SAPS Standing Order #262 relating to crowd control.
“The officer faces four counts of murder for the deaths of two police officers and two of the strikers and six counts of attempted murder in respect of the five injured miners and one police officer.
“He also faces charges of defeating and/or obstructing the ends of justice‚ as well as contravention of section 6 (2) of the Commissions Act by falsely testifying at the Farlam Commission and denying his role in ordering the police to fire teargas at the strikers‚” Zuma stated.
The high-ranking officer also faces charges of defeating and/or obstructing the ends of justice‚ as well as contravention of section 6 (2) of the Commissions Act by falsely testifying at the Farlam Commission and denying his role in ordering the police to fire teargas at the strikers.
Zuma said that a brigadier heading the provincial detectives unit‚ another brigadier who was in charge of detectives at the detention centre and a major had been charged for defeating the ends of justice by concealing a death in police custody.
A colonel‚ warrant officer and a constable had all been charged for the murder of Mr Sokhanyile.
“A recommendation has been made that the colonel should further be charged with defeating and/or obstructing the ends of justice and contravention of 6(2) of the Commissions Act for falsely testifying at the Farlam Commission about Mr Sokhanyile’s death.
“With regards to death from the delay in providing medical attention‚ reports indicated that a major-general had diverted medical personnel for the injured strikers at Scene 1.
“The Commission recommended investigations‚ which are still not yet concluded‚” the president said.
He added that forensic‚ ballistic and other evidence‚ including the authentication of incident footage‚ were still outstanding.
Also‚ indications were that the police might have tampered with the crime scene‚ he said.
“Lastly‚ charges for contravening Section 6(2) of the Commission Act‚ Act no 8 of 1947 for misleading the Commission are also under consideration.
The matter has been handed over to the National Prosecuting .”
Zuma added that a criminal case had also been opened against a major-general in the SAPS for allegedly defeating the ends of justice.
“He is accused of having failed to exercise command and control at Scene 2 and belatedly submitted his own firearm for investigation by the ballistic experts‚ and that the paramedics under his protection were diverted to Scene 2 instead of giving medical attention at Scene 1.”
A case was also opened against a brigadier for allegedly defeating the ends of justice by failing to secure recordings of the extraordinary meeting of SAPS management in January 2016.
Moreover‚ an attempted murder case had been opened for some police officers for the miners who were hospitalised with gunshot wounds on the August 13 2012‚ as per the directive from the NPA.
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