Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
South African Marikana miners charged with murder
Source: BBC
Workers arrested at South Africa's Marikana mine have been charged in court with the murder of 34 of their colleagues shot by police.
The 270 workers would be tried under the "common purpose" doctrine because they were in the crowd which confronted police on 16 August, an official said.
Police opened fire, killing 34 miners and sparking a national outcry.
...
South African lawyer Jay Surju told the BBC's Focus on Africa programme that the "common purpose" doctrine was used by the former white minority regime against activists fighting for racial equality in South Africa.
Read more: http://www.bbc.co.uk/news/world-africa-19424484
There's an internal police review, which will take months to complete - and meanwhile, the survivors, including those wounded, are being charged with the murder of their own people.
I think I speak for pretty much all DUers when I say:
A SA lawyer writes:
Marikana: No common purpose to commit suicide
News that the National Prosecuting Authority (NPA) has decided to charge 259 arrested Marikana miners with the murder of their 34 colleagues who were shot dead by the police, is bizarre and shocking and represents a flagrant abuse of the criminal justice system, probably in an effort to protect the police and/or politicians like Jacob Zuma and Nathi Mthethwa.
In the dying days of pre-democratic era, under increased internal and external pressure from opponents of apartheid, the state relied more and more on the provisions of the Riotous Assembly Act as well as the common purpose doctrine in an attempt to criminalise the actions of all people involved in protest against the National Party government.
Section 18 of the Riotous Assemblies Act of 1956 (which, incidentally, was never revoked by the new Parliament and is still on the statute books) states that any person who conspires with any other person to aid in the commissioning of a crime or incites or instigates any other person to commit a crime, is guilty of a crime – as if he or she committed the actual crime him or herself. Incitement to commit a crime is also a criminal offense in our common law.
The apartheid state often used this provision to secure a criminal conviction against one or more of the leaders of a protest march, or against leaders of struggle organisations like the ANC (and later the UDF) whose members (on the instructions of the leader or leaders), had taken part in sabotage activities or the assault or killing of representatives of the apartheid state. Even where that leader had not taken part in the sabotage or killing, he or she would be convicted of inciting the assault or the killing.
...
http://constitutionallyspeaking.co.za/marikana-no-common-purpose-to-commit-suicide/
News that the National Prosecuting Authority (NPA) has decided to charge 259 arrested Marikana miners with the murder of their 34 colleagues who were shot dead by the police, is bizarre and shocking and represents a flagrant abuse of the criminal justice system, probably in an effort to protect the police and/or politicians like Jacob Zuma and Nathi Mthethwa.
In the dying days of pre-democratic era, under increased internal and external pressure from opponents of apartheid, the state relied more and more on the provisions of the Riotous Assembly Act as well as the common purpose doctrine in an attempt to criminalise the actions of all people involved in protest against the National Party government.
Section 18 of the Riotous Assemblies Act of 1956 (which, incidentally, was never revoked by the new Parliament and is still on the statute books) states that any person who conspires with any other person to aid in the commissioning of a crime or incites or instigates any other person to commit a crime, is guilty of a crime – as if he or she committed the actual crime him or herself. Incitement to commit a crime is also a criminal offense in our common law.
The apartheid state often used this provision to secure a criminal conviction against one or more of the leaders of a protest march, or against leaders of struggle organisations like the ANC (and later the UDF) whose members (on the instructions of the leader or leaders), had taken part in sabotage activities or the assault or killing of representatives of the apartheid state. Even where that leader had not taken part in the sabotage or killing, he or she would be convicted of inciting the assault or the killing.
...
http://constitutionallyspeaking.co.za/marikana-no-common-purpose-to-commit-suicide/
9 replies
= new reply since forum marked as read
= new reply since forum marked as read
