Striking miners react as they are addressed by former African National Congress Youth League (ANCYL) President Julius Malema outside a South African mine in Rustenburg, 100 km (62 miles) northwest of Johannesburg August 18, 2012.  The bloody protest by South African miners that ended in a hail of police gunfire and 34 deaths this week could also wound the ruling ANC and its main labour ally, laying bare workers' anger over enduring inequalities in Africa's biggest economy. Thursday's shooting, bringing back memories of apartheid-era violence, underlined that after 18 years in power the African National Congress and its union partner have not been able to heal the fissures of income disparity, poverty and joblessness scarring the country. REUTERS/Siphiwe Sibeko (SOUTH AFRICA - Tags: CIVIL UNREST POLITICS TPX IMAGES OF THE DAY)

Suspects, apparently ... those miners who went on strike and were arrested are now being trialled for murder according to a doctrine that has not been employed since the days of apartheid. Photo: Reuters

TWO weeks after the police opened fire on a crowd of 3000 striking workers at a platinum mine near Johannesburg, killing 34 people, prosecutors are bringing murder charges against a surprising set of suspects: the miners themselves.

Using an obscure legal doctrine frequently relied upon by the apartheid government in its dying days, prosecutors did not accuse the police officers who shot and killed the strikers as they surged forward, machetes in hand. Instead, officials said on Thursday they were pursuing murder charges against the 270 miners who were arrested after the shooting stopped.

It was the latest turn in a story that has unleashed rage in South Africa over inequality, poverty and unemployment. The decision to charge the miners threatened to intensify that rift.

A spokesman for the National Prosecuting Authority, Frank Lesenyego, cited ''34 counts of murder that have been laid against the 270 accused''. He said they were being charged under the ''common-purpose'' law, in which members of a crowd - at the time when a crime is committed - can be prosecuted as accomplices.

''The charge is spurious,'' said Pierre de Vos, a legal scholar at the University of Cape Town. ''It will not fly. No court in South Africa on any set of facts will find the miners guilty through the common-purpose doctrine.''

A spokesman for the Congress of South African Trade Unions, Patrick Craven, said: The lawyers must really be very stupid if they think these charges will stick.''

The New York Times