Initially, 19 mineworkers were arrested but two have since died. The remaining 17 appeared in the North West High Court, sitting in Mogwase, for charges related to the murder of seven people, preceding 16 August 2012 – the day on which the police killed 34 mineworkers during a protest at Lonmin's platinum mine operations in Marikana, now Sibanye Marikana operations.

The National Prosecuting Authority (NPA) said the matter was set for trial from 6 to 10 March 2023, but one of the accused was not present on the first day and the case was rolled over to the next day.

"The State indicated on the record that it 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of the review application they registered with the Gauteng division of the High Court, to have all charges against them withdrawn," said the NPA spokesperson in North West, Henry Mamothame.

"The State opposes this move as an order was granted by the North West Judge President for the trial to resume amid the pending review application.

"The State also believes it is in the interest of justice for the trial to commence, considering the interests 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 judgment on 10 March 2023 on the postponement, or the court exercises its inherent jurisdiction to strike the matter off the roll.

"The State emphasised its readiness and that of its witnesses to testify in the matter," Mamothame said.

The accused are facing 26 counts, including seven counts of murder, four of malicious damage to property, four of robbery, three of unlawful possession of firearms, and three counts of unlawful possession of ammunition. 

The State alleges the group killed two policemen, warrant officers Oupa Sello Lepaaku and Hendrick Tsietsi Monene, two Lonmin security officers, Hassan Fundi and Franz Matlhomola Mabalane, and three non-striking mineworkers, Thapelo Eric Mabebe, Julius Langa, and Isaiah Twala.

One of the accused is currently serving a life sentence for a murder related to the wage strike in Marikana in 2012. 16 of the accused are out on a warning, and are expected back in court when judgment is passed.

OFM News