LAW GONE MAD!

Lonmin miners that were arrested at Marikana mine earlier this month have been charged with the murder of 34 of their colleague who were shot by police during violent protests earlier this month.

The politically controversial move falls under the "common purpose" doctrine because the 270 miners were in the crowd that allegedly incited police on August 16.

The "common purpose" doctrine was used by former apartheid forces against black activists fighting against National Party rule.

The BBC reported on Thursday that at the time, the ANC campaigned against the doctrine that is now being used.

There is speculation that critics will accuse the ruling party of behaving like the apartheid regime.

Police opened fire on the protesting crowd, killing 34 and wounding 78 others. A commission of inquiry, set up by President Jacob Zuma, has yet to give its final report.

'Infamous doctrine'
The miners appeared in the Ga-Rankuwe Magistrate's Court on Thursday where their bail application was postponed to next week.

"This is a very outdated and infamous doctrine," lawyer Jay Surju told the BBC's Focus on Africa.

"It was discredited during the time of apartheid."

The best known case was that of the "Upington 14", who were sentenced to death in 1989 for the murder of a policeman in 1985.

National Prosecuting Authority (NPA) spokesperson Frank Lesenyego told the BBC the workers would all face murder charges – including those who were unarmed or were at the back of the crowd.

"This is under common law, where people are charged with common purpose in a situation where there are suspects with guns or any weapons and they confront or attack the police and a shooting takes place and there are fatalities," he said.