Friday, August 31, 2012

They're kidding; right?

From the WTF? department, the BBC reports:

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.
The decision to charge the workers was "madness", said former ruling ANC party youth leader Julius Malema.
"The policemen who killed those people are not in custody, not even one of them. This is madness," said Mr Malema, who was expelled from the ANC (African National Congress) earlier this year following a series of disagreements with President Jacob Zuma.
"The whole world saw the policemen kill those people," Mr Malema said, adding that he would ask defence lawyers to make an urgent application at the high court.

This really does beggar belief; the guys who were getting shot at have been deemed responsible by the SA Police, who were the ones doing the shooting.

And quite by coincidence, we stumbled over this story this morning, courtesy of a South African Twitter friend; the Daily Maverick reports:


Some of the miners killed in the 16 August massacre at Marikana appear to have been shot at close range or crushed by police vehicles. They were not caught in a fusillade of gunfire from police defending themselves, as the official account would have it. GREG MARINOVICH spent two weeks trying to understand what really happened. What he found was profoundly disturbing.
Of the 34 miners killed at Marikana, no more than a dozen of the dead were captured in news footage shot at the scene. The majority of those who died, according to surviving strikers and researchers, were killed beyond the view of cameras at a nondescript collection of boulders some 300 metres behind Wonderkop.
On one of these rocks, encompassed closely on all sides by solid granite boulders, is the letter ‘N’, the 14th letter of the alphabet. Here, N represents the 14th body of a striking miner to be found by a police forensics team in this isolated place. These letters are used by forensics to detail were the corpses lay.
There is a thick spread of blood deep into the dry soil, showing that N was shot and killed on the spot. There is no trail of blood leading to where N died – the blood saturates one spot only, indicating no further movement. (It would have been outside of the scope of the human body to crawl here bleeding so profusely.)
Approaching N from all possible angles, observing the local geography, it is clear that to shoot N, the shooter would have to be close. Very close, in fact, almost within touching distance. (After having spent days here at the bloody massacre site, it does not take too much imagination for me to believe that N might have begged for his life on that winter afternoon.)
And on the deadly Thursday afternoon, N’s murderer could only have been a policeman. I say murderer because there is not a single report on an injured policeman from the day. I say murderer because there seems to have been no attempt to uphold our citizens’ right to life and fair recourse to justice. It is hard to imagine that N would have resisted being taken into custody when thus cornered. There is no chance of escape out of a ring of police.
Other letters denote equally morbid scenarios. J and H died alongside each other. They, too, had no route of escape and had to have been shot at close range.

The truth of what happened at Marikana may never been discovered. But it seems a simply extraordinary decision to cast the blame by way of murder charges on the shootees rather than the shooters. 

Things are seldom as they seem in South Africa. But this is just bizarre.

5 comments:

IHStewart said...

I suspect that the ANC are going to pay a very heavy price for this madness.

Keeping Stock said...

They may indeed IH, but who are the black majority going to vote for? Those who support the ANC are by far the majority of South Africa's population.

IHStewart said...

Keep an eye on the Democratic Alliance

Grant M. McKenna said...

The doctrine of Common Purpose is in NZ law as well, where it is called Joint Criminal Enterprise; it originates in the Common Law. The basic idea is that when a group of people embark upon an unlawful activity and someone gets hurt, they may be found jointly liable of causing that hurt if it is clear that someone getting hurt was a reasonably possible outcome of that activity.
Attacking the police is a criminal act; deaths may be expected, therefore those who attack are responsible for the deaths.
Kai Ambos traces the doctrine back even further to the private law concepts of the 14th Century. [Ambos,K Joint Criminal Enterprise and Command Responsibility, 5 J. INT’L CRIM. JUST. 159, 168 n.64 (2007)] Ambos also notes that the doctrine developed into the common law concept of criminal conspiracy in the 17th Century.
The defendants must be shown to have contemplated and agreed to, or at least have had knowledge of, the actions for which they are held culpable.
Although the facts of this case do not seem to support the allegation, especially regarding the deaths amongst the boulders, the doctrine is sound.

Grant M. McKenna said...

Something of interest: http://constitutionallyspeaking.co.za/marikana-no-common-purpose-to-commit-suicide/