Marikana Shootings Farlam Commission Thread

Justice Department to Oppose Farlam Commission postponement

The justice department will oppose an application to postpone the Farlam Commission of Inquiry, commission chairman retired judge Ian Farlam said on Thursday.

Dali Mpofu, for miners who were arrested and wounded during last year's unrest at Marikana, brought the application on Wednesday.

He requested that the hearings be put on hold until he was able to secure funding for himself and his team.

Mpofu has provisionally withdrawn from the commission due to a lack of funding.

"Continuing with the commission's work in the absence of my clients is prejudicial," he submitted on Wednesday.

Mpofu and his team are attempting to get funding from the State.

He has taken the matter to the high court and the Constitutional Court in a bid to compel the State to fund his team. Both courts have ruled in favour of the State.

An appeal will be heard in the High Court in Pretoria on September 25 and 26.

The commission, sitting in Centurion, is investigating the deaths of 44 people in strike-related unrest at Lonmin's platinum mining operations at Marikana, in North West, last August.

Police shot dead 34 people, almost all of them striking mineworkers, on August 16, while trying to disperse and disarm them. Ten people, including two policemen and two security guards, were killed in the preceding week.

On Thursday, Mpofu told the commission that a group called "Citizens for Marikana" would try to help secure funding.

Earlier in the month, a ceremony marking the first anniversary since the 34 miners were killed was held in Rustenburg.

During the event, miners passed around a bucket for contributions towards their legal fees.

The money, which was mostly in coins, came to a total of R17,201, said Mpofu.

On Thursday, Mpofu's clients packed the auditorium where the hearing was being held, waiting to hear whether they would be granted the postponement.

Some of them wore the green, yellow, and black T-shirts of the Association of Mineworkers and Construction Union.

Mpofu was also dressed in similar colours. He wore a black suit over a bright green shirt and yellow tie.

The commission continues.


Source : Sapa /nsm/aa/jk/jje
Date : 29 Aug 2013 11:03
 
Unlikely that Mpembe gave the shoot command

It was unlikely that North West deputy police commissioner William Mpembe ordered police to fire teargas at striking Marikana workers, the Farlam Commission of Inquiry heard on Friday.

Evidence presented at the inquiry showed it was unlikely that Mpembe gave the order on August 13, 2012, commission chairman retired judge Ian Farlam said.

A police officer fired teargas at striking mineworkers as police escorted the miners to a hill where other miners had gathered.

The miners retaliated by attacking police, killing two and wounding one.

The two slain officers were hacked, stabbed and shot to death.

In a statement, the officer who had fired the teargas alleged he had heard an instruction to fire. No other officer reported hearing the instruction.

"If you had given the instruction, more than one person would have fired their teargas canister... and recorded it in their pocket books," said Farlam.

"It seems clear that you did not give the instruction."

Mpembe, who was testifying before the commission, agreed.

The commission, sitting in Centurion, is investigating the events that led to the deaths of 44 people during strike-related unrest at Lonmin's platinum mining operations at Marikana, near Rustenberg in North West in August last year.

Thirty-four people, mostly miners, were shot dead by police on August 16. Ten other people, including two police officers and two security guards, were killed in the preceding week.


Source : Sapa /nsm/fg/jk
Date : 30 Aug 2013 11:01
 
Gimme gimme gimme. Let me burn **** and kill people. Then pay for my legal defense.
 
Marikana Commission live streaming on the Internet

The Farlam Commission of Inquiry will in future provide live streaming of its proceedings through the internet.

"The commission, in partnership with the SABC, will provide the commission proceedings in iSixhosa, Setswana, and Xitsonga," spokesman Tshepo Mahlangu said in statement on Friday.

"This service enables viewers around the world to follow the commission's proceedings live as they happen."

Until Friday the commission had been providing live streaming of the commission's proceedings through the SABC News YouTube channel.

This was done in the languages used in the commission's proceedings.

"The commission is grateful to the SABC for its assistance in this process and hopes the public will utilise this service and take advantage of the access the commission is providing to those interested in its work," Mahlangu said.

The commission, sitting in Centurion, is investigating the deaths of 44 people in strike-related unrest at Lonmin's platinum mining operations at Marikana, in North West, last August.

Police shot dead 34 people, almost all of them striking mineworkers, on August 16. Ten people, including two policemen and two security guards, were killed in the preceding week.


Source : Sapa /ss/hdw/ma/jk
Date : 30 Aug 2013 14:45
 
Lawyers' distress at Farlam Ruling

Lawyers representing the miners wounded and arrested during labour-related unrest at Marikana are disappointed at the decision not to postpone the public hearings of the Farlam Commission of Inquiry.

The miners would view the decision as unfair, said their attorney Andries Nkome.

Commission chairman, retired judge Ian Farlam, ruled on Monday that it would not be prejudicial to the miners wounded and arrested at Marikana last year to continue the hearings.

The application to defer the hearings was brought by Dali Mpofu, who also represents the arrested and wounded miners.

Mpofu and other lawyers have provisionally withdrawn from the commission while he continues to seek funding.

"Our clients understand that every day this commission continues half a million rand of their money is being spent to run the commission. It is not fair," Nkome told reporters outside the auditorium in Centurion where the commission is sitting.

"The so-called victims of the [Marikana] massacre are not participating in the commission. Our clients were not here today, I think they had anticipated the ruling would be against them," he said.

Nkome said he anticipated that his clients would not receive the commission's decision well.

"Our clients see this commission to be running only with the parties which seem to be the perpetrators of the injustices. Obviously, they would not be feeling well," he said.

The commission's evidence leaders have been representing his clients.

On Friday, Mpofu took a swipe at the evidence leaders, claiming they were on the justice department's pay-roll.

However, the evidence leaders' head, Geoff Budlender, rejected Mpofu's claim.

The commission, which is sitting at the Tshwane council chamber, is investigating the circumstances surrounding the killing of 44 people during strike-related unrest at Lonmin's Marikana operations near Rustenburg, in North West.

Police shot dead 34 people -- almost all striking mineworkers -- while trying to disperse them on August 16, 2012. Ten other people, including two police officers and two security guards, were killed in the preceding week.

The commission was appointed by President Jacob Zuma shortly after the unrest.


Source : Sapa /jm/tk/cls/jk
Date : 09 Sep 2013 12:28
 
Marikana Survivors March to Union Buildings

The survivors of the Marikana shootings will march to the Union Buildings in Pretoria on Thursday to push for state legal funding.

The march will be spearheaded by Citizens4Marikana.

The group had instructed their lawyers to secure permission for the Union Buildings march in order to appeal directly to President Jacob Zuma for legal assistance in their quest to uncover the truth of what happened in August 2012, said spokesman Erik de Ridder.

The survivors will be joined by the Democratic Alliance who have thrown their support to the cause.

DA spokesman Mmusi Maimane said they would march to add their voice for Marikana survivors to be assisted.

The march will begin at the Caledonian Stadium.

In August last year, 34 striking miners were shot dead near the Lonmin platinum mine by the police.

Ten people, including two policemen and two security guards, were killed in the preceding week.

The Farlam Commission of Inquiry was established to investigate the circumstances surrounding the deaths.

Lawyers representing survivors have had numerous applications for funding rejected.


Source : Sapa /kn/ks
Date : 12 Sep 2013 02:01
 
Politicians Accused of Hijacking Marikana March

The survivors of last year's strike-related violence at Marikana accused politicians on Thursday of hijacking their march to the Union Buildings, in Pretoria, to try and get state funding for their legal counsel.

"We are the ones who need legal funding and we should be at the forefront of the march," said marshall Lucky Sibanyoni.

The march was organised by Citizens4Marikana a group of ordinary South Africans who came together through social media on the first anniversary of the Marikana shootings

It wanted to appeal directly to President Jacob Zuma for legal funding in its quest to get to the truth about what happened at Marikana, spokesman Erik de Ridder said on Monday.

The wounded and arrested miners' counsel Dali Mpofu recently provisionally withdrew from the Farlam Commission of Inquiry into the circumstances of 44 deaths in strike-related unrest at Marikana last August because of a lack of funding.

He applied for the commission's hearings to be postponed while he sought funding, but its chairman, retired judge Ian Farlam, ruled on Monday that it would not be prejudicial to his clients to continue the hearings in his absence.

Among the politicians at the march on Thursday was Economic Freedom Fighters leader Julius Malema, who was welcomed with revolutionary songs.

Malema occupied a position at the front of the march and wore a T-shirt bearing the image of Steve Biko, to mark the anniversary of the anti-apartheid activist and Black Consciousness Movement founder's death in police custody on September 12, 1977.

Marchers sang a song asking where the ANC was, as its flag was not to be seen among those of various political parties at the march.

Before they set off from the Caledonian Stadium, the march's convenor Bishop Joe Seoka said the marchers hoped to make a statement through the protest.

"We are hoping to make a statement to government that workers have the capacity to fight political leaders to get their way," he said.

Police shot dead 34 people, almost all striking mine workers, while trying to disperse a group gathered on a hill near Lonmin's platinum mine in Marikana on August 16 last year. Ten people, including two policemen and two security guards, died in the preceding week.

Inkatha Freedom Party leader Mangosuthu Buthelezi also joined the march on Thursday.

He said what was happening regarding the funding of the miners' counsel was an injustice, but would not say whether the IFP would make a donation.

"I don't want to make empty promises, because everyone is looking for funds for next year's elections. If we have people with money and who can pledge support, we will welcome it," he said.

Opposition to Urban Tolling Alliance (Outa) chairman Wayne Duvenage was also there.

"They are forcing people to be on the back foot while they dip into taxpayers' money to pay for their case," he said.

"It is similar to the Outa case, but this is stronger because the government called the commission, but they don't want to level the playing fields," he said.

If the government could not fund both sides, then funding should be terminated for all.

Democratic Alliance spokesman Mmusi Maimane said justice must be balanced and should be fair.

The strike at Marikana has been partly attributed to a struggle for recognition between the National Union of Mineworkers and the Association of Mineworkers and Construction Union (Amcu).

"I was not shot for nothing. My comrades did not die for nothing. Our voices should be heard," said marcher Mzoxolo Magidiwana, who led an Amcu group. He was shot at Marikana and now walks with a limp.

As the Amcu marchers entered the stadium, they sang: "Open the gates, we want to sing for a person who is intelligent."


Source : Sapa /ge/kn/cls/jje
Date : 12 Sep 2013 14:15
 
Cops withheld Marikana info

There must be information police have held back in the inquiry into 44 deaths during labour unrest at Marikana last year, the Farlam Commission said on Thursday.

Spokesman Tshepo Mahlangu said this had been discovered in the past ten days.

The commission had, therefore, postponed its proceedings until Wednesday next week.

"In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered," Mahlangu said.

Previously, evidence leader Geoff Budlender, SC, asked that the commission be postponed to allow his team to examine the police evidence.

In Lt-Col Duncan Scott's version on a computer hard drive containing the police's evidence, "some documents have been added and some files we haven't seen before", Budlender told the commission.

He said the police team had been co-operative, but that the process of going through the evidence "could take some time".

The commission, sitting in Centurion, is investigating the deaths of 44 people during strike-related unrest at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West last year.

Police shot dead 34 people, almost all of them striking mineworkers, while trying to disperse and disarm them on August 16, 2012. Ten people, including two police officers and two security guards, were killed in the preceding week.

President Jacob Zuma established the commission shortly after the unrest.


Source : Sapa /hdw/mom/jk/ks
Date : 19 Sep 2013 16:09
 
Police ‘withheld Marikana information’ nothing on SABC

http://www.iol.co.za/news/south-africa/police-withheld-marikana-information-1.1580239#.UjvmMsal4SM


"On Thursday, the commission said there must be information police had held back that was discovered in the past 10 days.

“In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered,” spokesman Tshepo Mahlangu said."


The whole story is bound to have all the expected twists and turns.

My real gripe is there was nothing on the Morning Live show this morning on the SABC.

It is front page in the Beeld.
Leading story on Enca.
City press has the story. Filed 19/09/13 at 15:25

City Press' main story: ‘We’re about to hand over control of the SABC to the ANC’

Yet nothing of the police's lies on SABC.

Makes you think! Doesn't it.:o
 
http://www.iol.co.za/news/south-africa/police-withheld-marikana-information-1.1580239#.UjvmMsal4SM


"On Thursday, the commission said there must be information police had held back that was discovered in the past 10 days.

“In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered,” spokesman Tshepo Mahlangu said."


The whole story is bound to have all the expected twists and turns.

My real gripe is there was nothing on the Morning Live show this morning on the SABC.

It is front page in the Beeld.
Leading story on Enca.
City press has the story. Filed 19/09/13 at 15:25

City Press' main story: ‘We’re about to hand over control of the SABC to the ANC’

Yet nothing of the police's lies on SABC.

Makes you think! Doesn't it.:o

you know what they can do with their tv license

Paying for a tv license, is directly contributing to the ANC's election campaign
 
When I was driving into work SAFM was interviewing the police about this. SAFM is SABC radio last I checked.
 
http://www.iol.co.za/news/south-africa/police-withheld-marikana-information-1.1580239#.UjvmMsal4SM


"On Thursday, the commission said there must be information police had held back that was discovered in the past 10 days.

“In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered,” spokesman Tshepo Mahlangu said."


The whole story is bound to have all the expected twists and turns.

My real gripe is there was nothing on the Morning Live show this morning on the SABC.

It is front page in the Beeld.
Leading story on Enca.
City press has the story. Filed 19/09/13 at 15:25

City Press' main story: ‘We’re about to hand over control of the SABC to the ANC’

Yet nothing of the police's lies on SABC.

Makes you think! Doesn't it.:o

When I was driving into work SAFM was interviewing the police about this. SAFM is SABC radio last I checked.

And your point is?????
 
Your title is sensational and half true. Morning live reports what they see as main news as they only have at most 20 mins of news the entire show long.

Exactly my point. What they see as important.

All the other mainstream media see it as important: Front page news and main lead story.
However our public broadcaster doesn't deem it important enough to flight it once during a 2 hour show.

Makes you think doesn't it.
 
SAPS Complains about Marikana Evidence

Police representatives at the Farlam Commission of Inquiry protested on Wednesday about “damning” statements attributed to evidence leader Geoff Budlender SC.

Ishmael Semenya, for the police, said Budlender's statements that the police's evidence to the commission was untrue caused “grave concern”.

“The concern is grave because the evidence leaders are an extension of the commission. They have been appointed by the commission and they do their work for the commission.

“A pronouncement that documents they [evidence leaders] have demonstrate that a version we [the police] placed before this commission respects not the truth is very damning.”

Semenya invited Budlender and the evidence leading team to identify the documents which inspired that opinion.

“They must also identify which of the SAPS witnesses at this commission are demonstrated to have been untruthful to this commission. We think we deserve that and that will inform our clients with regards to their conduct at these proceedings,” he said.

Earlier this month, Budlender sought a postponement of the public hearings to enable the evidence leaders to work through the new material, running into thousands of papers.

In his statement, Budlender said the new material had been made available by the police and its legal team to explain certain matters.

The statement read: “In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered.”

During Budlender's submissions he stated that in the opinion of the evidence leaders some of the documents demonstrated that the police's version of events at Marikana, and the evidence of police witnesses at the commission, were in material respects not the truth.

Commission chairman, retired judge Ian Farlam, said that might not be so. Budlender said this was for the commission, and not the evidence leaders, to decide.

In granting the postponement sought, which neither the police nor any of the other parties present opposed, Farlam said: “I think it appropriate to place on record these are at the moment only concerns.

"There are no findings made, these are matters that have to be looked at, and we don't know what the results of the examination of these points will be. But clearly from what you tell us, these are matters that require careful consideration, which I am sure they will receive.”

The commission, sitting in Centurion, is investigating the deaths of 44 people during strike-related unrest at Lonmin's platinum mining operations in Marikana, near Rustenburg, North West, last year.

Police shot dead 34 people, almost all striking miners, while trying to disperse and disarm them on August 16, 2012. Ten people, including two police officers and two security guards, were killed in the preceding week.

President Jacob Zuma established the commission shortly after the unrest.


Source : Sapa /jm/fg/ks/th
Date : 25 Sep 2013 11:31
 
Police planned Marikana shooting: Report

New evidence suggests that the killing of 34 Marikana mineworkers happened "exactly" as the police planned it, the Sowetan newspaper reported on Thursday.

A video taken two days after the shooting last year showed Brigadier Adriaan Calitz addressing uniformed officers at the police base at Lonmin's Marikana mine in Rustenburg in the North West.

He said the plan to disperse the miners had been highly effective.

"At this stage we did nothing wrong. From the planning to the execution [it] was 110 percent... I have to congratulate you," Calitz, one of the commanders in the Marikana operation, was quoted as saying.

"Exactly how we planned it and we briefed the commanders, exactly we executed in that line."

The statements could be seen as a contradiction to evidence given by police before the Farlam Commission of Inquiry investigating the incident.

Police told the commission they had a solid plan which was disrupted and that led to the killing of the 34 mineworkers at Lonmin's platinum mine on August 16 2012.

The 13-minute Calitz video forms part of new evidence recently unearthed by evidence leaders on police hard drives. Previously, police had said they had turned in all evidence they had to the commission.

The Sowetan report follows a similar report by the online publication the Daily Maverick.


Source : Sapa /nsm/fg/jje
Date : 03 Oct 2013 08:26
 
Just because the execution was 100 percent doesn't mean this was the planned outcome. There would have been plans for most possibilities, including a plan for a peaceful demonstration. The fact that the rioters attacked the cops meant that A plan was put into action, not THE plan.
 
Court rules in Mpofu’s favour

http://ewn.co.za/2013/10/14/Mpofu-granted-funding

JOHANNESBURG – The South Gauteng High Court has ruled that the state must provide funding for the Marikana miners at the Commission of Inquiry.

Advocate Dali Mpofu and his team have been fighting for funding to continue representing the injured and arrested miners from last year’s tragedy.

In this landmark case, Mpofu and his team have been successful in obtaining state funding.

Mpofu says it has been a long battle.

“For the country, this is a very important decision. There’s a higher likelihood now of obtaining the real truth about what happened at Marikana.”

He says he expects to return to the commission soon, where he will now be able to represent the miners on the same level as police.
Mpofu and his team provisionally withdrew from the Marikana Commission of Inquiry as the battle for funding continued.

So some of my salary and yours will go towards paying Mpofu to represent a bunch of murdering scum.

Eish f*k !
 
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