The State is ready to proceed with the Marikana case against the 17 accused of murder and other serious charges, which were committed in Marikana in 2012, according to the National Prosecution Authority (NPA).
The accused appeared before the High Court, North West Division, sitting at the Mogwase Regional Court on Wednesday.
The accused are charged with 7 counts of murder, 4 of malicious damage to property, 4 of robbery, 3 for unlawful possession of firearms and 3 for unlawful possession of ammunition.
According to the NPA Regional Spokesperson, Henry Mamothame, the charges are related to the labour disputes between mine workers of Lonmin Karee Mine and Impala Platinum Mine (Implats) and their employers when they participated in unprotected wage strikes that led to the loss of lives and damage to property.
Mamothame said the matter was set for trial from March 6 to 10, however, one of the accused was not present on the first day and the matter was rolled over to the next day.
He has further indicated that the state was ready to proceed with the trial, however, the defence attorneys, are reluctant to proceed as they want the matter to be postponed or struck off the roll, pending the outcome of the review application they registered with the Gauteng DivIsion of the High Court, to have all charges against them withdrawn.
“The state opposes this move as an order was granted by the North West Judge President for trial to resume amid the pending review application. The state also believes it’s in the interest of justice for the trial to commence, considering the interest of the families of the deceased and of society in this matter.
“The matter last appeared on 29 November 2022, and it was postponed for trial as per the Judge President’s order. Both the state and the accused’s legal representatives have completed their arguments and the sitting judge is expected to make a judgement on 10 March 2023 on the postponement, or the court exercises its inherent jurisdiction to strike the matter off the roll,” said Mamothame.
He has stressed that the state has emphasised its readiness and that of its witnesses to testify in the matter.
One of the accused is currently serving a life sentence for a murder related to the wage strike in Marikana in 2012, and 16 of the accused are out on a warning and they are expected back in court when judgement is passed.
