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CHALLENGE: Justice Minister Jeff Radebe

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The NPA must explain why the 270 arrested Marikana miners are facing murder charges, Justice Minister Jeff Radebe said.

"I have requested the acting National Director of Public Prosecutions (NDPP), advocate Nomgcobo Jiba to furnish me with a report explaining the rationale behind such a decision," Radebe said in a statement.

"Section 179 (6) of the Constitution reads: 'The Cabinet minister responsible for the administration of justice must exercise final responsibility over the prosecuting authority'."

On August 16, 34 striking miners were shot dead in a confrontation with police who were trying to disperse them at the Lonmin platinum mine in Marikana. Another 78 were injured.

Initially, the arrested group was charged with public violence. On Thursday, the National Prosecuting Authority announced they would also face murder and attempted murder charges for the deaths of their colleagues.

Expelled ANC Youth League leader Julius Malema described the murder charges as madness.

"The policemen who killed those people are not in custody, not even one of them. This is madness," he told protesters at the Ga-Rankuwa Magistrate's Court, outside Pretoria, on Thursday.

Radebe said in terms of the NPA Act the NDPP had to provide the justice minister with information or a report regarding the case, and give reasons for any decision taken.

"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.

"It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken," Radebe said.

Comments

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Mon May 20 09:39:30 SAST 2013 ::

Aug 31, 2012

Dzel

No one but NPA understands the logic used, it is madness and only serves to fuel anger not only over the massacre but also the violation of human rights from the time they were arrested including torture, being denied bail without just cause or being linked to any murder directly - not by association - and being denied proper medical care.

The ANC is really going to regret Marikana ever happened, come election time you will feel the backlash.

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Aug 31, 2012

ThirdEye

Indeed this is madness, the fact that they even use apartheid laws to charge the miners shows how desparate they are to nail the miners. Yet no policemen has been arrest for killing the miners.
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Aug 31, 2012

Ntshwana

F*ck Showerhead and his cronies! Why are they still keeping the other miners in jail? Are they punishing them for staying alive unlike the poor 34 that perished? What is happening people???Tell me...
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Aug 31, 2012

Papage

The police killed miners and yet miners are cherged for being the strike that contributed in their colegues being killed by police, so they are charged with murder, what a law! I so wish the state can 270 miners could get a good lawyer that will sue the state milions. It true madness, are we all mad?
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Aug 31, 2012

LijahaSisu

Mr Minister Zuma told the NPA to, since all of you within the security cluster are just dwarfs (as Oom Goatee put it) around the d.icktator from Nkandlaville. The question you should be asking yourself is why you sold your soul to the d.evil?
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Aug 31, 2012

RobinH

FOr once I have to agree with the motormouth. Strategically one of the more idiotic moves I can think of on the part of the NPA.
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Aug 31, 2012

MommaC

It really is madness.

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Aug 31, 2012

SharpSharp

Malema in most of the time tells the truth, it is just that ppl dont want to hear anything from him...Aluta continue
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Aug 31, 2012

lidodaduvha11

chicken come home to rost
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Aug 31, 2012

Dzel

I think it is easy to understand their thinking and what the NPA is trying to achieve.

1. They have 280 murder suspects for the 10 deaths,

2. They don't know who is responsible for those deaths as the prosecutor admitted in court and they need grounds to keep the miners locked up without bail,

3. To do that they need a Schedule 1 charge which allows for incarceration without bail so they came up with this ridiculous charge.

A continued violation of human rights ... NGOs are going to have a field day and Radebe knows this.

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