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ANC: Statement by Mathole Motshekga, African National Congress Chief Whip, on NPA decision to release arrested miners (03/09/2012)

3rd September 2012

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The Office of the ANC Chief Whip welcomes the decision of the National
Prosecuting Authority to provisionally drop murder charges against the
270 Lonmin miners. Questions and eyebrows have been raised regarding the
NPA's prosecutorial strategy, which sought to hold the arrested miners
legally responsible for the Marikana tragedy. It is for this reason that
we were amongst those who welcomed the Minister's decision to exercise
his legal powers to request the NPA to furnish him with reasons behind
its legal strategy.

The NPA is an independent institution in terms of the Constitution and
its decisions are governed by the legal framework within which it
operates. Those who respect the rule of law will not advocate for anyone
to dictate or influence the NPA's prosecutorial decisions. Those who call
for the President to interfere in the decisions of the NPA are in
contempt of the Constitution and the rule of law. We commend the
President for not acceding to such frivolous and legally baseless demands.

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