Maj-Gen Mpembe and five others acquitted over Marikana deaths

The Socio-Economic Rights Institute (Seri) says it is disheartened with the acquittal on Monday of former North West police commissioner Maj-Gen William Mpembe and five other officers for their alleged involvement in the deaths of mineworkers in Marikana. 

The events at the mine resulted in the deaths of mineworkers Semi Jokanisi, Thembelakhe Mati and Pumzile Sokanyile, as well as warrant officers Tsietsi Hendrik Monene and Sello Ronnie Lepaauku.

The public interest law firm said its sympathies, after the decision of the Mahikeng high court, were with the affected families.

On August 13 2012, a few days into a strike action at the Marikana mine in North West, 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 Mpembe.

Mpembe attempted to negotiate with the mineworkers, seeking to disarm them of their traditional weapons.

Seri said 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 teargas 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 that day for instructing police to fire teargas, stun grenades and rubber bullets that 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 a police officer.

Regarding the murder of Sokanyile, Mpembe was charged alongside retired Col Salmon Johannes Vermaak and police officers Nkosana Mguye, Masilo Mogale, Katlego Joseph Sekgweleya and Khazamola Phillip Makhubela.

Sokanyile died as a result of being shot in the head after allegedly being pursued by the police, about 620m from the scene of the main confrontation.

The police officers who were charged included those who admitted shooting at Sokanyile in testimony before the Marikana commission of inquiry and were also connected to cartridges found 74m from Sokanyile’s body. Seri said despite this, the officers were acquitted on Monday. 

Seri said the state was yet to charge anyone concerning the events of August 16 2012, when 34 miners were shot and killed in Marikana. It said the families of the deceased mineworkers continued to wait for justice 12 years after the massacre.

Seri executive director Nomzamo Zondo said the failure to hold accountable those responsible for these deaths was a betrayal of justice.

“Not only does it dishonour the families of the deceased but erodes trust in our justice system,” Zondo said. 

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