Marikana murder charges: South Africa minister wants explanation

“The policemen who killed those people are not in custody, not even one of them. This is madness,” said Mr Malema, who was expelled from the ANC earlier this year following a series of disagreements with President Jacob Zuma.

South African lawyer Jay Surju told the BBC’s Focus on Africa programme that the “common purpose” doctrine was “outdated and infamous”.

“It was discredited during the time of apartheid.”

Constitutional lawyer Pierre de Vos also condemned the murder charges, external as “a flagrant abuse of of the criminal justice system”.

The best known case of the use “common purpose” doctrine was that of the “Upington 14”, who were sentenced to death in 1989 for the murder of a policeman.

The trial judge convicted the 14 activists, even though he acknowledged that they did not carry out the killing.

Anti-apartheid activists around the world protested against the ruling, which was overturned on appeal.

No police officers have been charged over the deaths of the 34 miners because a judicial inquiry and an internal police review are under way, but these are expected to take several months to complete.

The strike turned violent before the police shooting with the deaths of 10 people, including two police officers and two security guards, who were hacked to death.

The protests were triggered by demands for a huge pay rise and recognition of a new union.

Talks are continuing to resolve the dispute, which has shut the mine for the past three weeks.