Charge police and Lonmin for Marikana deaths, inquiry told
THE police and Lonmin should be held criminally liable for the deaths of 34 people at Lonmin's Marikana mine in 2012, the Farlam commission heard yesterday. While the police have so far received the lion's share of blame...the Legal Resources Centre said yesterday that if the police were to be held criminally liable, Lonmin could not be excused...In the morning session, the South African Human Rights Commission argued that the police had foreseen the possibility that lives would be lost if it was to "go tactical" and move to disarm and disperse the strikers...said the rights commission's counsel, Michelle le Roux...The risk of multiple deaths was "both foreseeable and foreseen", Ms le Roux said. Legal Resources Centre counsel Tembeka Ngcukaitobi said by the same reasoning, Lonmin was also liable... The company had a legal duty to protect its workers and had failed to do so. It had twice been told by the police that if the police were to do what the company was suggesting, blood would be shed.
Mr Ngcukaitobi said Lonmin had been part of the decision to proceed with the operation and was so "embedded" in it that the inquiry ought to recommend that charges of murder should be brought against it.