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Marikana case struck off the roll!

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The case against 17 mineworkers was struck off the court roll on Friday. Photo by Rapula Mancai
The case against 17 mineworkers was struck off the court roll on Friday. Photo by Rapula Mancai

IT'S a big relief for the murder accused. 

This after a case against 17 people accused of murder and other serious crimes committed in Marikana in 2012 was struck of the court register on Friday, 10 March by the High Court, North West Division, sitting in the Mogwase Regional Court.

The charges relate to the killing of 10 people before 16 August 2012, the day 34 miners were murdered by police during the strike at Lonmin's platinum mine in Marikana

One of the accused, Mzoxolo Magidiwana, said it has been a long, painful journey.

"As one of the injured workers, I have suffered a lot. This has not only affected me but also my loved ones as well," he said.

Mzoxolo said he was on hypertension treatment due to stress.  He said he was grateful to God for giving him the strength to endure the pain.

“We have to try carry on with our lives, but the impact is permanent."

Accused number two, Xolani Nzuzu, said he was relieved and extremely happy.

He said they had been waiting for this outcome for a long time because they were innocence.

“We have been accused of crimes we did not commit, and the case dragged on so long just to torture us.”

Xolani said it had been one postponement after another, with no progress. 

“Our only crime was fighting for our rights and better living conditions,” said Xolani.

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Marikana resident Napoleon Webster said that they knew from the beginning that this case was supposed to be a deception that the state will use to shift the fact that the police provoked and killed ordinary people.

"It's a shame that police continue to target black people who want to vent abuse, especially by the mining industry," Napoleon said.

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NPA spokesman in the North West division, Henry Mamothame, said: "In passing the judgment, acting Judge Andrew Reddy highlighted some considerations he made, particularly the rights of the accused to have a fair trial, the interest of the families of the deceased, and the plight of the witnesses in the matter.

“The judge further made it clear that the removal of this matter is not a verdict but mere pause to await the outcome of the review application registered by the accused persons.”

The accused were:

  • Anele Zonke
  • Xolani Nzuzu
  • Simphiwe Booi
  • Khanyile Kanyise
  • Mzoxolo Magidiwana
  • Samekelo Mkhize
  • Amanda Nogwaza
  • Thobile Tyobeni
  • Mzukisi Soyini
  • Bongile Mpotye
  • Zamikhaya Ndude
  • Sithembele Sohadi
  • Loyiso Mtsheketshe
  • Zolile Honxo
  • Zwelitsha Mtshena
  • Mziwanele Mxinwa  
  • Mzoxol Zukulu

They were facing 26 counts of attempted murder, murder, malicious damage to property, robbery, and unlawful possession of firearms and ammunition.

The state had alleged that the group killed two policemen, Warrant Officer Oupa Sello Lepaaku and Warrant Officer Hendrick Tsietsi Monene, two Lonmin security officers, Hassan Fundi and Franz Matlhomola Mabalane, and three non-striking miners. 

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