Pretoria - The Minister of Justice Jeff Radebe has requested the Acting National Director of Public Prosecutions, Advocate Nomgcobo Jiba, to give him a report explaining the rationale behind the decision to charge the Lonmin miners with 44 counts of murder relating to the Marikana shooting incident.
The 270 Lonmin miners, who were arrested after fatal protests outside the mine two weeks ago, appeared in the GaRankuwa Magistrate's Court yesterday where their bail application was postponed to next week.
The National Prosecuting Authority also decided to add murder to the charge sheets of the miners.
Thirty-four people were killed and 78 injured in clashes with police. A commission of inquiry, set up by President Jacob Zuma, is investigating the tragedy.
"There is no doubt that the NPA's decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public," said the minister in a statement released by the department on Friday.
"It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken in my capacity as Minister of Justice and Constitutional Development under whose department the NPA falls."
Meanwhile, the NPA on Friday issued a statement confirming that it had brought the following charges against the accused:
* Murder
* Attempted Murder
* Public Violence
* Illegal Gathering
* Possession of Dangerous Weapons
* Possession of Firearms and Ammunition
The NPA said ordinarily it did not engage in public about its prosecutorial strategy. But, it recognised the significance of this case and the national and international attention it had attracted.
"We would like to stress that decisions in criminal cases are taken on the basis of all the facts available to the prosecution, and not only on what has been captured on television and in other media," the NPA said it its statement.
It said the prosecution had evidence which it was confident was sufficient to sustain the charges that had been brought against the miners.
The NPA cited a law which stated that co-perpetrators may be held liable for the death of members of their group or of others where there is enough evidence of foreseeing that death may result as a consequence of their collective action, and nonetheless proceeding with that action.
"This approach is based on sound legal principles that are well established in law and there is case law to support the approach the NPA has adopted," it said in the statement.
