On Monday, 9 September 2024, the Mahikeng High Court acquitted six police officers who were standing trial for their involvement in the events of 13 August 2012 which resulted in the deaths of three mineworkers (Mr. Semi Jokanisi, Mr. Thembelakhe Mati and Mr. Pumzile Sokanyile) as well as two police officers (Warrant Officer Tsietsi Hendrik Monene, and Warrant Officer Sello Ronnie Lepaauku). SERI is disheartened with this outcome and our sympathies are with the affected families. The trial had been ongoing since May 2021.
On 13 August 2012, a few days into the strike, mineworkers marched from Karee shaft towards the K4 shaft of the Lonmin mine to persuade others to join the strike and to refrain from working. Before reaching the shaft, the mineworkers turned back to return to the koppie that they had occupied in Wonderkop. On their way back, the mineworkers were intercepted by the police led by the former North West Deputy Police Commissioner Major-General William Mpembe. He attempted to negotiate with the mineworkers, seeking to disarm them of their traditional weapons. The mineworkers expressed their desire for the police to instead escort them back to the koppie where they would join the rest of their peers who were peacefully protesting.
However, during this exchange, the police suddenly refused to continue with negotiations. As the mineworkers began moving away, continuing their march back to the koppie, a tear gas canister was set off, shortly followed by stun grenades without any warning. Mpembe was later charged in his capacity as head of the operation during the events of 13 August 2012 for instructing police to fire teargas, stun grenades, and rubber bullets which led to the chaos that resulted in the deaths of the mineworkers and police officers. He was charged with the murder of all five deceased. Mpembe was also charged with the attempted murders of six surviving mineworkers and one police officer. Regarding the murder of Mr. Sokanyile, in particular, Mpembe was charged alongside retired Colonel Salmon Johannes Vermaak and police officers Nkosana Mguye, Masilo Mogale, Katlego Joseph Sekgweleya, and Khazamola Phillip Makhubela. Mr. Sokanyile died as a result of being shot in the head after allegedly being pursued by the police, some 620 metres away from the scene of the main confrontation. The police officers who were charged included those who admitted shooting at Mr Sokanyile in testimony before the Marikana Commission of Inquiry and were also connected to cartridges found 74,4 metres away from Mr Sokanyile’s body.
Yesterday, despite this, the officers were acquitted.
In March 2021, officers Mpembe, Gideon van Zyl, Dingaan Madoda and Oupa Pule were acquitted in the case relating to the death of mineworker Mr. Modisaotsile van Wyk Sagalala who is one of the 34 mineworkers allegedly injured at ‘scene 2’. He later died from these injuries. The officers were charged with defeating the ends of justice, contravening Section (29)(1) of the IPID Act for failure to report a death in police custody to the Independent Police Investigative Directorate (IPID) and for contravening Section 6(2) of the Commission Act for lying to the Marikana Commission of Inquiry under oath. The South African Police Service testified at the Marikana Commission of Inquiry that Mr. Sagalala had died at the Andrew Saffie hospital, when in fact, according to an investigation by IPID, he was already dead when the police transported his body from the detention centre to the hospital.
To date, the state is yet to charge anyone concerning the events of 16 August 2012. The families of the deceased mineworkers continue to wait for justice twelve years after the Marikana massacre. The state has failed in its duties to uphold the rights of victims to an effective remedy and allowed this gross abuse of human rights to remain unaccounted for, to the detriment of the survivors, the families and at a cost of continued failures in policing.
SERI executive director, Nomzamo Zondo, said: “The failure to hold accountable those responsible for these deaths is a betrayal of justice. Not only does it dishonour the families of the deceased but erodes trust in our justice system."
Contact details:
- Asenati Tukela, SERI attorney: Asenati[at]seri-sa.org / 078 684 7658.
- Nomzamo Zondo, SERI executive director: Nomzamo[at]seri-sa.org / 071 301 9676.
- Edward Molopi, SERI senior communications and advocacy officer: Edward[at]seri-sa.org / 082 590 9638.
>> Download the full statement here.
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