Marikana massacre: charging miners with murder

Supreme irony that the ANC should deploy the very laws that sent their comrades to the gallows.

This week, the Marikana massacre took another, extraordinary twist. The events which saw 34 miners mown down by automatic fire from the police is already, by common consent, a turning point in post-apartheid South Africa. On Thursday the 270 miners currently being held by the police were charged with the murder of their 34 comrades. “Officially the 270 accused were charged with murder,” National Prosecuting Authority spokesman Frank Lesenyego told local journalists. “To confirm, the charges against all 270 are murder and attempted murder,” he said.

It is a supreme irony that a government led by the ANC should even consider turning to what are termed ‘common purpose’ clauses in the Riotous Assembly Act. These were the very laws that sent their comrades to the gallows. Pierre de Vos, the Constitutional law expert at the University of Cape Town described the charges as “bizarre and shocking and represent a flagrant abuse of the criminal justice system in an effort to protect the police and/or politicians like Jacob Zuma.”

Fortunately the Minister of Justice, Jeff Radebe, has intervened, calling on the state prosecutor to explain why he had laid the charges. “There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public,” Mr Radebe admitted.

While confusion reigns in the state’s approach to Marikana, others have reached firm conclusions. A careful re-construction of the events around the Lonmin mine by the Pulitzer prize winning journalist Greg Marinovich indicated that most miners were not shot while charging at police lines. Rather, they died amid a maze of boulders on another hillock, Small Koppie, apparently shot at close quarters. Others were crushed when they were driven over by police armoured cars.

He quotes one of the surviving miners as saying: “When one of our miners passed a Nyala (armoured car), there was a homeboy (local man) of his from the Eastern Cape inside, and he told him that today was D-day, that they were to come and shoot. He said there was a paper signed allowing them to shoot us.”

This narrative – of a premeditated attempt by the police to confront and kill the defiant miners, who were armed with spears, machetes and a few stolen pistols – was reinforced at a seminar on Thursday at the University of the Witwatersrand in Johannesburg. Professor Peter Alexander, who has been investigating the events said evidence from interviews with the miners was that at least 14 died on Small Koppie. From this position they could have been no threat to the police. “I have very little doubt in my own mind that this was straight-forward murder,” Professor Alexander concluded.

South African journalists are not all convinced. Phillip de Wet, deputy editor of the country’s most respected left-wing newspaper, the Mail & Guardian, was at Marikana when the shooting took place. He believes the evidence can be read to reach other conclusions. De Wet points out that the forensic evidence is not yet available, that the eye-witness accounts could have been embroidered and that the police have yet to make their case. “Could a striker armed with a handgun and holed up among the rocks of the koppie, hostile either in fear or panic or because he believed in protective muti, been shot at and killed before he could fire in return,” he asks.

While the tragedy has been played out in the media, the miners and Lonmin have been holding a series of meetings in an attempt to reach a settlement to their wage dispute. At the same time President Zuma is struggling to gain control of the crisis. He has asked that no one jumps to conclusions about what took place. “Today is not an occasion for blame, finger-pointing or recrimination,” the president declared, when he announced an inquiry into the shooting.

Kicking troublesome situations into the long grass with a Commission of Inquiry might be a convenient political ploy under other circumstances, but it fails to address the urgency of the issue. The former Minister of Intelligence, Ronnie Kasrils, an ANC and Communist Party stalwart, rejected Zuma’s ‘no finger-pointing’ injunction. “In a democracy that has sworn to make such massacres a thing of the past we need to cry out in the name of humanity and justice and demand full transparency and accountability,” he wrote.

Kasrils believes it will be too easy to blame the policemen who opened fire, letting those in authority off the hook. “If we do not point fingers at the right targets, the politicians — who bear executive authority for those who may have given some kind of green light, or by dereliction of responsibility left the police to their own devices — will go unscathed.”

It may be that Marikana points to another, even more disturbing conclusion. Dr Saths Cooper, president of the International Union of Psychological Science, argues that the killings need to be seen against the background of brutality and violence that scars all levels of South African society. From rape to infanticide and inequality, the country tops global charts. “All of this is while we are not at war. But we are at war with ourselves,” Dr Cooper points out.

Martin Plaut is the Africa Editor of BBC World Service News. Who Rules South Africa? by Martin Plaut and Paul Holden is published by Biteback Publishing.

Striking Lonmin mine workers form a group to sing and dance after listening to a report about the state of their wage negotiations. Photograph: Getty Images

Martin Plaut is a fellow at the Institute of Commonwealth Studies, University of London. With Paul Holden, he is the author of Who Rules South Africa?

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Are there “tens of thousands” who still don't have their Labour leadership ballot paper?

Word has it that swathes of eligible voters have yet to receive their ballot papers, suggesting there is still all to play for in the Labour leadership contest. But is it true?

Is there still all to play for in the Labour leadership contest?

Some party insiders believe there is, having heard whispers following the bank holiday weekend that “tens of thousands” of eligible voters have yet to receive their ballot papers.

The voting process closes next Thursday (10 September), and today (1 September) is the day the Labour party suggests you get in touch if you haven’t yet been given a chance to vote.

The impression here is that most people allowed to vote – members, registered supporters, and affiliated supporters – should have received their voting code over email, or their election pack in the post, by now, and that it begins to boil down to individual administrative problems if they’ve received neither by this point.

But many are still reporting that they haven’t yet been given a chance to vote. Even Shabana Mahmood MP, shadow chief secretary to the Treasury, still hasn’t received her voting pack, as she writes on the Staggers, warning us not to assume Jeremy Corbyn will win. What’s more, Mahmood and her team have heard anecdotally that there are still “tens of thousands” who have been approved to vote who have yet to receive their ballot papers.

It’s important to remember that Mahmood is an Yvette Cooper supporter, and is using this figure in her piece to argue that there is still all to play for in the leadership race. Also, “tens of thousands” is sufficiently vague; it doesn’t give away whether or not these mystery ballot-lacking voters would really make a difference in an election in which around half a million will be voting.

But there are others in the party who have heard similar figures.

“I know people who haven’t received [their voting details] either,” one Labour political adviser tells me. “That figure [tens of thousands] is probably accurate, but the party is being far from open with us.”

“That’s the number we’ve heard, as of Friday, the bank holiday, and today – apparently it is still that many,” says another.

A source at Labour HQ does not deny that such a high number of people are still unable to vote. They say it’s difficult to work out the exact figures of ballot papers that have yet to be sent out, but reveal that they are still likely to be, “going out in batches over the next two weeks”.

A Labour press office spokesperson confirms that papers are still being sent out, but does not give me a figure: “The process of sending out ballot papers is still under way, and people can vote online right up to the deadline on September 10th.”

The Electoral Reform Services is the independent body administrating the ballot for Labour. They are more sceptical about the “tens of thousands” figure. “Tens of thousands? Nah,” an official at the organisation tells me.

“The vast majority will have been sent an email allowing them to vote, or a pack in one or two days after that. The idea that as many as tens of thousands haven’t seems a little bit strange,” they add. “There were some last-minute membership applications, and there might be a few late postal votes, or a few individuals late to register. [But] everybody should have definitely been sent an email.”

Considering Labour’s own information to voters suggests today (1 September) is the day to begin worrying if you haven’t received your ballot yet, and the body in charge of sending out the ballots denies the figure, these “tens of thousands” are likely to be wishful thinking on the part of those in the party dreading a Corbyn victory.

Anoosh Chakelian is deputy web editor at the New Statesman.