‘Marikana acquittals are a profound setback for justice’
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The Socio-Economic Rights Institute of South Africa (Seri), which represents Marikana widows and families, says the North West High Court’s decision to acquit six police officers is an injustice to the families of the deceased.
Those acquitted include former North West deputy police commissioner Major-General William Mpembe, who was cleared of all charges concerning the killings of three mineworkers and two police officers in Marikana on August 13, 2012.
Mpembe, who resigned from his position in the police service in 2016, has been acquitted for the second time.
In 2021, he was acquitted of defeating the ends of justice in the concealment of the murder of Modisaotsile van Wyk Segalala.
Segalala is one of the 34 mineworkers who lost their lives in Marikana on 16 August 2012.
Seri’s Asenati Tukela says, “While we respect the legal process and the decision of the court, this outcome we feel is a profound setback in the pursuit of justice for those who lost their lives and for the families who continue to suffer from the trauma of Marikana.”
“Our clients, the families of the mineworkers, have had to endure the pain of losing their loved ones and only to face the bitter reality that those who are responsible for the deaths have been acquitted. From the onset, we have maintained that there were significant failures in the conduct and the actions of police on that day,” adds Tukela.
The former provincial deputy police commissioner’s family says his acquittal is in line with the Marikana Commission of Inquiry’s decision to accept his denial that he gave the order to fire teargas or stun grenades.
Family spokesperson Simon Mpembe says, “We were aware that there were fabricated charges that were formulated against him. He was from the onset, from the Farlam Commission that took place somewhere in 2012, he was cleared by the commission, but unfortunately, the state proceeded because it had some motives, ulterior motives.”