Marikana Massacre Victims Still Await Criminal Accountability

• 34 mineworkers were gunned down by police during a wildcat strike at the Lonmin platinum mine in Marikana, South Africa.
• The incident resulted in a total of 40 deaths and 78 injuries, with most casualties being mineworkers.
• No one has been held criminally liable for what happened, despite recommendations from the Farlam Commission of Inquiry.
• Nine police officers were charged in connection to the events, but all were acquitted.
• The Marikana Massacre highlights the need for criminal accountability and reform within the SAPS and NPA.

No one has been held criminally liable for what happened.

On August 16, 2012, a tragic event unfolded at the Lonmin platinum mine in Marikana, South Africa. A wildcat strike by mineworkers demanding higher wages had been escalating throughout the week, resulting in the deaths of 10 people, including security personnel and other strikers. The South African Police Services (SAPS) were ordered to disperse the miners, leading to two separate killing sites where 34 miners were gunned down. This incident would become known as the Marikana Massacre, with a total of 40 deaths and 78 injuries reported. The majority of casualties were mineworkers who had been participating in the strike.

The Farlam Commission of Inquiry was established to investigate the events surrounding the Marikana Massacre. The commission's report absolved key political figures, including current President Cyril Ramaphosa and the late former Minister of Police Nathi Mthethwa, but recommended that the National Prosecution Authority (NPA) investigate and prosecute those involved in the massacre. Nine police officers were charged in connection to the events, but no one has been held criminally liable for what happened. The lack of accountability has raised concerns about the role of the SAPS and the NPA in addressing human rights abuses.

The Marikana Massacre is a stark reminder of the need for criminal accountability in cases of police brutality and human rights abuses. The lack of justice for the victims' families has led to ongoing calls for reform within the SAPS and the NPA. Companies operating in South Africa, including those in the mining sector, should be aware of the potential reputational risks and regulatory scrutiny associated with the Marikana Massacre case. As lawyers and compliance officers, it is essential to monitor updates on this case and consider its implications for corporate social responsibility and human rights due diligence.

Lawyers and compliance officers should watch for potential updates on the Marikana Massacre case, as the lack of criminal accountability may expose companies to reputational risks and regulatory scrutiny.

Source: Original reporting via Daily Maverick