Following recent National Prosecuting Authority’s decision to charge the Lonmin miners with 44 counts of murder relating to the Marikana shooting incident, I have requested the Acting National Director of Public Prosecutions, Adv Nomgcobo Jiba to furnish me with a report explaining the rationale behind such a decision.
Section 179 (6) of the Constitution reads “The Cabinet minister responsible for the administration of justice must exercise final responsibility over the prosecuting authority” .
Section 33 (1) of the NPA Act reads:
“ the National Director shall, at the request of the Minister-
(a) furnish the Minister with information or a report with regard to any case, matter
or subject dealt with by the National Director or a Director in the exercise of
their powers, the carrying out of their duties and the performance of their
(b) provide the Minister with reasons for any decision taken by a Director in the
exercise of his or her powers, the carrying out of his or her duties or the
performance of his or her functions”
There is no doubt that the NPA’s decision has induced a sense of shock, panic and confusion within the members of the community and the general South African public. It is therefore incumbent upon me to seek clarity on the basis upon which such a decision is taken in my capacity as Minister of justice and Constitutional Development under whose department the NPA falls.