75ZT Community

http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/9509658/South-African-miners-charged-with-murder-of-colleagues-shot-by-police.html

Is it just me who thinks that this is an affront to justice?

As were many of the "laws" created during the Apartheid period.
One would hope the knee jerk invocation of this particular piece of law will be rightfully discredited and set aside.

No, not just you.
I notice “the state persuaded a magistrate….”. I bet it did.
Then the spokesman for the legislature (that makes the law) said “it’s procedure, we can’t get involved”. Surprise, surprise.
Who was it that wrote ‘The tragedy that is Africa’. Hemingway?

Mick wrote:As were many of the "laws" created during the Apartheid period.
One would hope the knee jerk invocation of this particular piece of law will be rightfully discredited and set aside.

It wasn't actually laws created by the 'Apartheid' regime. It is Common Law, which over there is 'Roman-Dutch' Law. So let's blame the Romans and the Dutch.......!

And the understanding is quite simple, if they, (the Miners) hadn't been striking, the police would not have been there. And if they, (the Miners) hadn't charged the Police their colleagues would not have got shot.

Roman-Dutch Law is a very basic, simple old fashioned law, so I wish people would stop criticizing something they know very little about.

Sure, they arrest the police here that kill people, (sometimes anyway) - but they are acquitted anyway????

RhodieBill wrote:Roman-Dutch Law is a very basic, simple old fashioned law, so I wish people would stop criticizing something they know very little about.

Makes it no less sickening, pathetic and "an affront to justice". Such hangovers from the Apartheid era and before should to my mind be eliminated from what is allegedly a country portraying itself as a leader in Africa.
If no one criticizes and changes such legislation then they will continue to be reviled as a pariah state. When living in SA, admittedly only for 6 months in 86-87, the general attitude from those I met was. "Mind your own business". "What's wrong with SA"?

The Government of SA should introduce emergency legislation to repeal the law under which the miners were arrested.

RhodieBill wrote:Roman-Dutch Law is a very basic, simple old fashioned law, so I wish people would stop criticizing something they know very little about

Bill, from my studies I don't see that it is valid to link Roman-Dutch law, which as you say, is still applied in several areas in and around South Africa, Swaziland springs to mind, and also further afield where Dutch colonial influence was felt, with the atrocity that was perpetrated a few days ago.

As I understand it, the criticism is of the way an outdated statute can be used, and, in my view, misinterpreted to suit, in a situation, and in an age, where it is clearly not warranted. I use the word clearly based upon my (admittedly meagre) understanding of international law.

In addition, and as an alternative argument, if it wasn't for criticism, then we might all very well remain in the clutches of Feudalism... or perhaps we are, come to think of it

For what it's worth, I think (hope) that these charges are merely political posturing and will be dropped. If not I'd hope that international condemnation would achieve the same ends.

Rover418275 wrote:The Government of SA should introduce emergency legislation to repeal the law under which the miners were arrested.

Failing that there is the International Criminal Court whose mandate is to end impunity for perpetrators who carry out serious crimes in the international community. At the moment the people who were responsible for the murders of over 1000 Kenyans in the election riots of 2008 in Kenya are being prosecuted at The Hague. This includes politicians and the police. Could South Africa go the same way as Kenya? Anything is possible and it is one of the reasons I keep a place in the UK to live, in case it all goes wrong in ZA and KE.