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"description": "Daily Maverick is an independent online news publication and weekly print newspaper in South Africa.\r\n\r\nIt is known for breaking some of the defining stories of South Africa in the past decade, including the Marikana Massacre, in which the South African Police Service killed 34 miners in August 2012.\r\n\r\nIt also investigated the Gupta Leaks, which won the 2019 Global Shining Light Award.\r\n\r\nThat investigation was credited with exposing the Indian-born Gupta family and former President Jacob Zuma for their role in the systemic political corruption referred to as state capture.\r\n\r\nIn 2018, co-founder and editor-in-chief Branislav ‘Branko’ Brkic was awarded the country’s prestigious Nat Nakasa Award, recognised for initiating the investigative collaboration after receiving the hard drive that included the email tranche.\r\n\r\nIn 2021, co-founder and CEO Styli Charalambous also received the award.\r\n\r\nDaily Maverick covers the latest political and news developments in South Africa with breaking news updates, analysis, opinions and more.",
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"contents": "<span style=\"font-weight: 400;\">One act was central to converting what had already been a week of </span><a href=\"https://www.dailymaverick.co.za/article/2022-08-15-ten-years-on-the-marikana-truth-tellers-still-carry-the-weight-of-what-they-uncovered/\"><span style=\"font-weight: 400;\">killing and confrontation at Marikana in 2012 into a massacre</span></a><span style=\"font-weight: 400;\">. That was the instruction for the police to launch the operation against the strikers on the afternoon of 16 August. This led directly to the police killing 34 people and seriously injuring many others. </span>\r\n\r\n<span style=\"font-weight: 400;\">In the days before, there had been many other acts of violence. Three strikers had been killed by police. Seven other people, including two police, were murdered allegedly by people associated with the strike.</span>\r\n\r\n<span style=\"font-weight: 400;\">The Marikana Commission </span><a href=\"https://justice.gov.za/comm-mrk/docs/20150710-gg38978_gen699_3_MarikanaReport.pdf\"><span style=\"font-weight: 400;\">report</span></a><span style=\"font-weight: 400;\"> provides a list of matters to be referred to the North West Director of Public Prosecutions for investigation “to determine whether there are bases for prosecution.” One of these is “the possible liability of senior officers in the South African Police Services” for the shootings that took place on 16 August. </span>\r\n\r\n<span style=\"font-weight: 400;\">The National Prosecuting Authority (NPA) has initiated prosecutions for some of the killings that took place before that day. But 10 years after the incident, the NPA still has not indicated whether it will </span><a href=\"https://www.news24.com/News24/72-cops-to-be-charged-over-marikana-20170319-2\"><span style=\"font-weight: 400;\">prosecute</span></a><span style=\"font-weight: 400;\"> anyone regarding the 34 deaths. </span>\r\n\r\n<span style=\"font-weight: 400;\">Several South African Police Service (SAPS) ‘tactical units’ — among them the National Intervention Unit and the Tactical Response Team — were deployed at Marikana. They were armed with R5s, a high-velocity rifle developed by the country’s arms industry for use in the border wars of the 1970s and 1980s. Of the 34 miners killed at Marikana on 16 August, 33 were shot by R5 rifles.</span>\r\n\r\n<span style=\"font-weight: 400;\">There were over 600 SAPS members, including roughly 300 from the tactical units. They were facing a group of around 3,000 strikers, more than 300 of them armed with spears and other weapons. This was not a conventional public order operation intended to disperse the crowd. Instead, the plan envisaged that police would break up the large gathering into smaller groups, which they would then encircle and disarm. </span>\r\n\r\n<span style=\"font-weight: 400;\">The police believed that they would be met with violent resistance if they tried to disarm the strikers. </span>\r\n\r\n<span style=\"font-weight: 400;\">Public Order Police (POP) units equipped with rubber bullets, teargas and stun grenades were involved in the operation. But police </span><a href=\"https://justice.gov.za/comm-mrk/exhibits/Exhibit-HHH-20.pdf\"><span style=\"font-weight: 400;\">doubted</span></a><span style=\"font-weight: 400;\"> they could defend themselves effectively if attacked by the strikers. The deployment of the tactical units with their R5s was intended to ensure that the police could get the upper hand if the public order officials were attacked. </span>\r\n\r\n<span style=\"font-weight: 400;\">There was no immediate need for the operation to be launched that Thursday afternoon. Knowing there was a possibility of major bloodshed, </span><a href=\"https://www.dailymaverick.co.za/article/2022-08-15-the-smell-of-blood-comes-back-to-me-as-i-remember-sas-dark-day-in-a-north-west-village/\"><span style=\"font-weight: 400;\">the police went ahead</span></a><span style=\"font-weight: 400;\">. Their plans and preparations gave no serious attention to minimising the risk of police relying on the weapons carried by the tactical units. </span>\r\n\r\n<hr />\r\n\r\n<strong>Visit <a href=\"https://www.dailymaverick.co.za?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage\"><em>Daily Maverick's</em> home page</a> for more news, analysis and investigations</strong>\r\n\r\n<hr />\r\n\r\n<span style=\"font-weight: 400;\">The police envisaged being involved in multiple confrontations with armed strikers. If the operation had unfolded this way, more than 34 people could have been killed. Given that they were dispersing a crowd of 3,000, R5 bullets fired at strikers could easily have struck many others in the vicinity who were not confronting the police. Police could also have died in the R5 crossfire. </span>\r\n\r\n<span style=\"font-weight: 400;\">The operation at Marikana didn’t go according to plan.</span> <span style=\"font-weight: 400;\">Instead, it appears that the police opened fire when there was no attack against them. However many of the police who killed strikers that day, at both Scene 1 and Scene 2, may have </span><a href=\"https://issafrica.org/research/books-and-other-publications/the-sound-of-gunfire-the-police-shootings-at-marikana-scene-2-16-august-2012\"><span style=\"font-weight: 400;\">believed</span></a><span style=\"font-weight: 400;\"> the miners were attacking or shooting at them. </span>\r\n\r\n<span style=\"font-weight: 400;\">This doesn’t diminish the culpability of the senior SAPS commanders involved. Considering the massive potential for loss of life, the decision to proceed was reckless and grossly irresponsible. </span>\r\n\r\n<span style=\"font-weight: 400;\">Regarding accountability, one must consider the </span><a href=\"https://www.iol.co.za/news/south-africa/north-west/dark-shadow-over-decent-police-chief-1865544\"><span style=\"font-weight: 400;\">role</span></a><span style=\"font-weight: 400;\"> of Zukiswa Mbombo, the North West SAPS provincial commissioner at the time. She was the most senior police member present at Marikana on 16 August and issued the instruction to start the operation. </span>\r\n\r\n<span style=\"font-weight: 400;\">It’s widely believed that the decision to launch it that day emanated from a political directive approved by police leaders the night before. Nevertheless, Mbombo was informed of the risk of serious injury but insisted the operation go ahead. According to the Marikana Commission report, the provincial commissioner was warned that the action “would involve bloodshed. She reconciled herself to the fact that this was so merely asking for an assurance that it would be kept to the minimum.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Although she was likely acting on the instructions of her superiors and their political bosses, she seems to have failed to properly consider the consequences. In her 31-year policing career, Mbombo had only been involved in operational activities during her first year. After that, she held administrative and financial positions until she was appointed provincial commissioner in 2005.</span>\r\n\r\n<span style=\"font-weight: 400;\">Perhaps this lack of operational experience meant she did not appreciate the nature of her responsibility in the situation or the scale of the risk. Despite this, she should be one of those who face a formal legal process of accountability. </span>\r\n\r\n<span style=\"font-weight: 400;\">South Africa’s criminal justice institutions face a heavy burden. They must deal with high levels of violent and other crimes, hold to account those who orchestrated the July 2021 </span><a href=\"https://www.voanews.com/a/south-african-police-arrest-20-people-for-instigating-july-2021-riots-/6698903.html\"><span style=\"font-weight: 400;\">unrest</span></a><span style=\"font-weight: 400;\"> and pursue many corruption cases, including the numerous leads provided by the Zondo Commission. </span>\r\n\r\n<span style=\"font-weight: 400;\">Notwithstanding this workload, the unresolved accountability issues in relation to Marikana must be addressed if efforts to build the rule of </span><a href=\"https://www.gov.za/blog/prosecutions-must-follow-zondo-report-affirm-rule-law\"><span style=\"font-weight: 400;\">law</span></a><span style=\"font-weight: 400;\"> in South Africa are to have genuine credibility. </span><b>DM</b>\r\n\r\n<i><span style=\"font-weight: 400;\">David Bruce, Independent Researcher and Consultant, Institute for Security Studies (ISS) Pretoria.</span></i>\r\n\r\n<i><span style=\"font-weight: 400;\">Research for this article is funded by the Hanns Seidel Foundation.</span></i>\r\n\r\n<i><span style=\"font-weight: 400;\">First published by </span></i><a href=\"https://issafrica.org/iss-today\"><i><span style=\"font-weight: 400;\">ISS Today</span></i></a><i><span style=\"font-weight: 400;\">.</span></i>",
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