South African authorities have charged 270 miners with murder in the killings of 34 fellow workers, even though police are believed to have fired the fatal shots.

The workers were arrested after the deadly clash with police and were charged under a common-law provision that faults them for being involved in the clash.

Police spokesman Dennis Adrio said that some of those killed in the clash had gunshot wounds in their backs and that weapons were recovered at the scene.
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The August 16 clash happened after negotiations between striking miners and the mining company broke down and police decided to fence in machete-armed protesters with barbed wire, according to police.

The protesters moved toward police and were driven back with tear gas and rubber bullets, and officers resorted to live ammunition when protesters attacked, police have said.
Police gunfire killed 34 people and wounded 78.

Thousands of machete-armed workers were striking for higher wages in the Lonmin mine in Marikana, South Africa, when police opened fire on their gathering. Earlier, two police officers had been hacked to death. The violence exploded when police shot at striking rock drillers in the "Easterns" area of the Marikana mine.

Tensions have been high in part because of the presence of competing trade unions: the Association of Mineworkers and Construction Union (AMCU) and the National Union of Mineworkers (NUM).

The mine, about two hours northwest of Johannesburg, is operated by Lonmin, which is listed on both the London Stock Exchange and Johannesburg Stock Exchange, and is the world's third-largest platinum producer. The bulk of its 28,000 employees work at the mine, and around 23% belong to the AMCU.

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South Africa Charges Miners in Deaths





Associated Press

A mine worker sang Wednesday during a gathering at the Lonmin mine. Management and union leaders are negotiating to resolve the strike.


By DEVON MAYLIE

JOHANNESBURG—Two weeks after police shot into a crowd of protesting miners here, killing 34, in one of the worst instances of labor violence since the end of apartheid, authorities filed murder charges against fellow miners for those deaths, opposition officials said.

The National Prosecuting Authority on Thursday charged the 270 miners arrested following the Aug. 16 police shooting at Lonmin PLC's Marikana operation, using an obscure Roman-Dutch common purpose law often used under apartheid.

Calls to the National Prosecuting Authority weren't answered. A spokesman for the prosecuting authority told the Associated Press that while it was police who killed the protesters, the police had been under attack.

Thursday's decision led to an outcry from members of South Africa's legal and opposition community, amid tensions that were already simmering over how the government responded to the wildcat strike.

In a blog post, Pierre de Vos, a University of Cape Town constitutional law scholar, called the development "bizarre and shocking and represents a flagrant abuse of the criminal justice system in an effort to protect the police and/or politicians like Jacob Zuma," the country's president.

Mr. de Vos said even if miners attacked police that didn't make them responsible for the killing of fellow protesters.

Expelled-African National Congress Youth leader Julius Malema, who visited the site of the shooting before Mr. Zuma and has called for the president's resignation, was at the court where the charges were made.

"The decisions of the NPA to charge mine workers reveals that the South African government and all its state apparatuses do not regret the murders and massacre of the mine workers," said Floyd Shivambu, a spokesman for Mr. Malema, in a statement.

"How on earth can the South African police, with the approval of its most senior leaders, kill workers and then turn to lay charges of murder on those who could not be killed, and survived death in the hands of the state?"

The strike began Aug. 10 when 3,000 rock drillers refused to go underground without a wage increase. Fighting among workers left 10 people dead, including two police officers in the days that followed.

As protesters camped out on a small rock hill near the mine, police and union management called for them to put down their weapons with many holding sticks and machetes. Police claim some held pistols as well.

On Aug. 16, police say they gave their final warning and then started to cordon their camp off with barbed wire. Police say a group of protesters charged at them and the use of rubber bullets and water canons failed to deter the protesters so they fired live ammunition into the crowd.

Many miners say they were cornered on the hill and prevented from escaping and that several of those killed were shot in the back. Police say the investigation is continuing.

Meanwhile, those arrested have been held in court and so far denied bail.

President Zuma has come under criticism for not reacting quicker to the shootings at Marikana. Last week he named a judicial committee of inquiry to look into the causes of the violence and deaths and mistakes made at Marikana, placing much of the emphasis on how Lonmin managed the strike and let it spiral out of control.

South Africa's National Police Commissioner Riah Phiyega previously defended the police actions and said they used "maximum force" to protect themselves.

Critics say the National Union of Mineworkers, an ally of the ANC, fell out of touch as its leaders traded shantytowns for management posts and proximity to power. The upstart Association of Mineworkers and Construction Union moved to fill that vacuum.

It targeted platinum mines because of a labor-law loophole that allows platinum companies to negotiate wages outside collective bargaining.

When the strike degenerated into violence, Lonmin executives threatened to dismiss workers who didn't return to work, further enraging miners. The company then relied on the police to impose order.

The strike continues at Marikana, but since the Aug. 16 shooting there haven't been further reports of violence.

The company management and union leaders have been locked in two days of meetings to find a way to resolve the strike, which has resulted in the total of 44 deaths.