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New Justice minister update - Marikana massacre, Guptas and AKA double murder extraditions

New Justice minister update - Marikana massacre, Guptas and AKA double murder extraditions
On Friday, 16 August, Justice and Constitutional Development Minister Thembi Simelane was accompanied by Deputy Minister Andries Nel. (Photo: Supplied)
Vincent Cruywagen
By Vincent Cruywagen
16 Aug 2024
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Speaking on the 12th anniversary of the Marikana tragedy, in which 34 miners were killed and 78 injured by police, new Minister of Justice and Constitutional Development Thembi Simelane said that about R352m has been paid out in claims related to the Lonmin killings so far. There was also a progress update related to key criminal extraditions.

One month after taking office, Simelane briefed the media on the department’s priorities and key issues raised by community members and stakeholders.

In her opening address the minister highlighted that over the past few weeks, the Ministry has conducted a series of comprehensive meetings with management and branch heads to gain a detailed understanding of the department’s operational challenges and opportunities.

She reiterated that this engagement has allowed the department to appreciate the significant responsibilities that lie ahead. 

“In addition, we have consulted with the entities reporting to the Department of Justice and Constitutional Development (DOJ&CD), and we have received invaluable input from these briefings as we prepare to tackle the tasks before us.

Read more: Marikana massacre: A deadly blemish in South Africa’s history

“We are grateful for the messages of support and constructive advice from various organisations and institutions within the justice cluster. These insights will be instrumental as we work together to uphold and promote fair justice practices. 

“Moving forward, the department will continue to engage with stakeholders and the broader justice community to ensure that our services are accessible and meet the needs of all South Africans,” the Minister said.

Marikana miners chant songs while gathered at the koppie outside Nkaneng informal settlement near the Lonmin mine in Rustenburg, demanding a wage increase. (Photo: Felix Dlangamandla)


Marikana acknowledged


Friday, 16 August, commemorates the 12th anniversary of the Marikana massacre when 34 Lonmin mine workers lost their lives by members of the South African Police Services, in response to a strike on 16 August 2012. In the buildup, two security guards, four miners and two police officers were killed.

There have been no prosecutions to date, related to the massacre. 

Read more: Marikana massacre 

Simelane said: “Today marks the 12th anniversary of the Marikana tragedy, and we still bow our heads and say may their souls rest in peace as we try to reconstruct jointly with family members, the lives of those who were injured, and also the family that remained behind for those who parted.

Read more: “Marikana: The unfolding of a never-ending tragedy”

“It is a sombre chapter in our nation’s history that continues to resonate deeply. The government remains steadfast in its commitment to addressing the claims arising from this tragedy. To date, approximately R352-million has been disbursed in claims related to Marikana.”

At a media briefing in Pretoria a year ago, Solicitor General Fhedzisani Pandelani announced that the state had paid out R330-million to claimants. Pandelani also said they were walking lightly around “the new concept of constitutional damages”.

Read more: “Marikana massacre — Victims’ families receive R330-million from government 11 years later, claims still pending”

Simelane said each case has been assessed individually to ensure that compensation aligns with legal frameworks and court directives.

“We have resolved most aspects of the Marikana matter, with the exception of constitutional damages, which are currently under consideration by the Gauteng High Court. We remain committed to finalising this matter and ensuring that justice is served.”

The Minister was accompanied by Deputy Minister, Andries Nel and Director General advocate Doc Mashabane at the briefing.

Justice and Constitutional Development Minister Thembi Simelane was accompanied by Deputy Minister Andries Nel. (Photo: Supplied)


New anti-corruption directorate 


Another important aspect emphasised by the Minister was the Investigating Directorate Against Corruption (IDAC), which is empowered to investigate and prosecute high-level and complex corruption, including common law and statutory offences.

Hailing what she said “marks a significant milestone in our fight against corruption” in May this year, President Cyril Ramaphosa assented to the NPA Amendment Act and on Thursday 15 August 2024, signed a proclamation which brought the Act into operation.

“Unlike the previous Investigating Directorate, which was subject to dissolution by proclamation, IDAC’s permanence ensures its independence and the necessary parliamentary oversight. It also provides the IDAC with criminal investigation powers,” she said.

The IDAC, Simelane said, will no longer rely on secondments for staffing. Instead, it will recruit permanent staff and invest in long-term training. “This will enhance our capacity to combat complex corruption, implement decisions from commissions of inquiry, and uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector,” she said.

The Ministry is also empowered  to make regulations to support the operations of the IDAC. This includes the appointment of a retired judge to oversee complaints related to IDAC investigators, she said.

Guptas and Bushiri extradition status 


The Minister said that the department is still engaging with authorities over the extradition of the Gupta brothers from the United Arab Emirates (UAE), and of Prophet Shepherd Bushiri and his wife from Malawi.

“We are committed to fulfilling our treaty and extradition obligations to ensure that justice is served in all relevant cases. Recent developments include ongoing efforts to extradite Prophet Shepherd Bushiri and his wife from Malawi, as well as the Gupta Brothers from the UAE.

“These cases have faced several challenges, but we remain steadfast in our pursuit of accountability. Our teams are working diligently through diplomatic and legal channels to bring these matters to a resolution,” she said.

In April, South Africa’s state prosecuting authority urged the presidency to help resolve an impasse with the UAE over what it described as the Gulf nation’s lack of “willingness” to help extradite Atul and Rajesh Gupta, who are wanted on charges of money laundering and fraud.

Read more: “South Africa sends top officials to UAE over Gupta extraditions”

According to Mashabane, the department doesn’t have a new application in view of the fact that it has not received feedback from the UAE on what was wrong with South Africa’s application. 

Extradition granted over AKA double murder


At the time of the briefing, the Minister said he was awaiting a Friday 16 August 2024 judgment on the main extradition application case involving Siyabonga and Malusi Ndimande in Eswatini, related to the AKA murder case.

The brothers were arrested in Eswatini in connection with the murders of rapper Kiernan Forbes, known professionally as AKA, and his friend Tebello “Tibz” Motsoane.

AKA (35) and Motsoane (41) were fatally shot on 10 February 2023, outside the restaurant Wish on Durban’s Florida Road.

External to the briefing, Natasha Ramkisson-Kara, the NPA’s regional spokesperson in Kwazulu-Natal, confirmed that the Manzini Magistrates’ Court in Eswatini has granted South Africa’s request for the extradition of the two suspects in the double murder case.

The suspects now have 15 days to appeal the decision. “Should they not appeal within the 15 court-day period, then the record of the proceedings will be transmitted to the Prime Minister of Eswatini to decide on the surrender of the respondents to South Africa. Following the Prime Minister’s decision to surrender, Interpol Eswatini and Interpol SA will decide on a date of handover,” Ramkisson-Kara said.

On Friday, principal Magistrate David Khumalo said: “They are saying part of the threats involve the police. They are saying that the police had taken sides with one of the rival groups in the taxi wars.”

Khumalo stated: “All police heads, including the head of correctional services, have assured that they will be given maximum safety and security. This means that the fear of the respondents regarding their safety and security has been dispelled.

“As an additional safety measure, we order the SA Human Rights Commission to ensure respect, protection and observance of the rights of the respondents as they are extradited to South Africa, including when they are in correctional services. DM

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