Lonmin directors ‘should be charged as accomplices to murder over Marikana’

Executives at a London-based mining company should be investigated and charged as accomplices to murder for their role in a police massacre of 34 striking mine workers in South Africa, a judicial commission of inquiry will be told.

At least eight senior figures at Lonmin must face justice for the shootings at its platinum mine in Marikana two years ago, George Bizos, long-time lawyer for Nelson Mandela, will tell the commission investigating the tragedy in the coming days.

The long-running inquiry will also hear demands for Cyril Ramaphosa, the deputy president of South Africa and a former Lonmin board member, to be investigated by the international criminal court for his role in the bloody police crackdown.

The Marikana massacre on 16 August 2012 stunned South Africans and was described in closing arguments at the commission this week as “the single most disturbing episode in the history of our democracy” and television viewers around the world. A total of 44 people were killed during a week of violence in the platinum belt, including two police officers who were hacked to death.

Documents obtained by the Guardian show that Bizos, 85, and colleagues from the Legal Resources Centre (LRC) conclude that Lonmin contributed to tensions and labour unrest, tried to bring political pressure to bear, were in frequent contact with the South African police service (Saps) and even provided police with a Lonmin helicopter.

“The facts show that senior executives of Lonmin were informed of the Saps operation being carried out – as well as the possibility of this resulting in bloodshed – and neither did anything to stop the operation nor warned their employees of this,” they state in legal papers. “There is further evidence to indicate that Lonmin senior executives were actively involved in providing advice, assistance and the means for the Saps to conduct its operation on 16 August 2012.”

The LRC team, of which Bizos is lead counsel, will seek to persuade commission chairman Ian Farlam, a retired judge, that Lonmin and its executives should be investigated for criminal prosecution as accomplices to murder.

They believe that Lonmin’s Barnard Mokwena, Abey Kgotle, Jomo Kwadi, Graeme Sinclair, Mahomed Seedat, Mark Munroe, Frank Russo-Bello, Albert Jamieson and all other senior executives who influenced or participated in the strategic direction, planning and execution of the Saps operation should be treated as accomplices.

They add: “It is submitted that the commission should find that a prima facie case to this effect has been established and to make a recommendation that the Lonmin senior executives should be investigated and charged as accomplices to the crimes perpetrated by the police on 16 August 2012, including the crime of murder.”

Lonmin, which has headquarters in London, was spun out of the Lonrho conglomerate in the late 1990s following the death of controversial tycoon Tiny Rowland. Lonrho was infamously described by prime minister Edward Heath in 1973 as “the unacceptable face of capitalism”.

The commission has heard that Ramaphosa, then a director and shareholder in Lonmin, called police minister Nathi Mthethwa to discuss the crisis. Emails from Ramaphosa – a former miners’ union leader who had then yet to be appointed deputy president – to Lonmin board members also allegedly show that he used his connections to lobby government ministers to break the strike.

Ronnie Mamoepa, a spokesperson for Ramaphosa, said: “This matter forms part of proceedings of an ongoing judicial commission of inquiry. Mr Ramaphosa has testified before the commission and will await its outcome.”

“Mr Ramaphosa’s closing arguments to the Farlam Commission, read with his testimony, have been submitted and may further clarify Mr Ramaphosa’s position on the matter.” Lonmin also declined to address the prospect of a murder investigation. “Since the inception of Judge Farlam’s inquiry in late 2012 Lonmin has consistently said that it would not publicly comment on evidence as it is given,” a company spokesperson said.

“To do so risks undermining the process. Lonmin fully supports the inquiry, and believes its findings will be key to establishing a stable peace on the ground. This stance, whilst the right thing to do, has occasionally meant the company has been unable to deal with false or misleading allegations as they have emerged.”

The commission began in October 2012, sitting through 293 days of evidence from 56 witnesses, including police officers, trade unionists, Lonmin officials and injured and arrested miners. Closing arguments will run until 14 November. The final report on the shooting is due at the end of March next year.