Marikana Shootings Farlam Commission Thread

[LazyLion]

AMCU 'HORRIFIED' BY MARIKANA MURDER

Trade union Amcu on Wednesday expressed shock at the murder of one of its senior officials Bongani "Bhayi" Mehlonkomo, in Marikana, near Rustenburg in the North West.

"He was a leader of Amcu. The union is horrified and deeply saddened by his murder," Heidi Barnes, for the Association of Mineworkers and Construction Union (Amcu), told the Farlam Commission of inquiry's public hearings in Pretoria.

"Amcu wishes to send condolences to his family and calls for a full and swift investigation into the circumstances of his murder."

Mehlonkomo was shot dead in Marikana on his way home from work on Tuesday. He was an Amcu secretary at Lonmin's Roland Shaft.

Dali Mpofu SC, for miners arrested and wounded during strike-related violence in Marikana in August 2012, told the commission his clients were petrified.

"There is growing concern among the people that I represent. Speculation in the community is that the assassination is connected to the mentioning of names by Mr X," said Mpofu.

"Their fear is that those who have been implicated falsely feel that their lives are under threat. They are not under protection and are vulnerable."

Police witness "Mr X" may not be identified and is testifying via video link from an undisclosed location. He is under witness protection.

Mpofu said Mr X had mentioned Bhayi repeatedly at the inquiry, implicating him in the August 2012 murders of police officers and Lonmin security guards.

Under cross-examination last week, Mr X was asked by Takalani Masevhe, for the family of slain Warrant Officer Tsietsi Monene, to name the person who shot the policeman at close range.

After much hesitation, Mr X said those responsible were a protester Tholakele, popularly known as "Bhele", and Bongani, popularly known as "Bhayi". He said he did not know their surnames.

"I want to apologise because these men said I should not mention their names. I communicate with the men of Marikana. They must tell the truth," said Mr X.

Monene was one of two officers hacked and shot dead on August 13, 2012 after police clashed with protesting miners.

On Wednesday, commission chairman retired judge Ian Farlam urged police to take swift action to curb the murders of people linked to the inquiry.

"There are quite a number of deaths already in the Marikana saga. I would ask the police to redouble their efforts to ensure violence of this kind is not allowed to continue," he said at the inquiry.

"Certainly it's a matter of grave concern to us all, not just the commission, but I am sure the whole country."

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana in 2012.

Police shot dead 34 people, mostly striking mineworkers, wounded over 70, and arrested 250 on August 16, 2012, apparently while trying to disarm and disperse them.

In the preceding week, 10 people, including the two policemen and two security guards, were killed.

In August 2013, Farlam expressed concern about a spate of murders around Marikana.

"It is a matter of concern because a number of people connected to this commission have been assassinated. It is a matter which I am sure is receiving attention from the authorities," he said.

Farlam made the remarks after National Union of Mineworkers (NUM) branch chairperson William Setelele was shot dead at Marikana. He testified at the inquiry in January and February 2013.

Another NUM official, branch secretary Dalivuyo Bongo, was killed on October 5, 2012. He was shot six times at his home at the Wonderkop hostel complex.

At the time of Bongo's death, the NUM said he was set to present key information to the commission.

Amcu's potential key witness at the inquiry Mawethu Steve was killed in a tavern in May 2013 before he could testify. His death triggered suspected reprisal hits on two NUM members, twin brothers, the same evening.

Another Amcu leader's decomposing body was found near an Xstrata mine in Limpopo in June 2013. His hands and feet and been bound.

The sangoma who apparently performed the rituals on the Marikana mineworkers was shot and killed in Bizana, Eastern Cape, in March 2013.

Alton Joja, 69, was at his home when several armed men confronted him, police said at the time.


Source : Sapa /jm/fg/th/jk
Date : 23 Jul 2014 12:43

 

[LazyLion]

MEDICS AFRAID AT MARIKANA: LONMIN GUARD

Netcare paramedics had to be escorted by armed guards after clashes between protesting miners and police in Marikana on August 16, 2012, the Farlam Commission of Inquiry heard on Thursday.

"The medics went in to assist the injured. We only went there because the medical personnel were scared to move in alone," Dewald Louw, a Lonmin security superintendent, told the inquiry in Pretoria.

"We were requested by our security manager to escort the medical staff."

Louw was led in submitting evidence by Mike van As, for platinum mining company Lonmin.

The inquiry was show photographs of Louw wearing gloves and holding a shotgun and a cigarette.

"The photos show that I was wearing different hand gloves at different times. The gloves were tearing easily after we had been requested to assist by picking [up] the injured and deceased," Louw said.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on 16 August 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including the two policemen and two security guards -- Hassan Fundi and Frans Mabelani -- were killed.

Fundi and Mabelani were killed on August 12.

Louw said he and a colleague, Martin Foster, survived an attack earlier that day. He said protesting mineworkers prevented him and paramedics, from approaching the area where Fundi and Mabelani lay.

"The ambulance was driving behind us. We were hoping Mr Fundi and Mabelani were still alive. I then fired an AAA round to the crowd at that stage," said Louw.

"They [Fundi and Mabelani] were dead when we arrived. I had never seen such a thing in my life. I feel ashamed because I broke down at that moment."

Last week, police witness, only known as "Mr X" testified that Fundi and Mabelani begged for their lives before they were killed.

"They apologised but no one listened to them. We just killed them," Mr X told the inquiry in Pretoria.

"They apologised from inside the car. Their car was damaged before they were killed."

Mr X was being questioned by Karel Tip, for the National Union of Mineworkers, at the time. He also represents Fundi's widow.

Mr X may not be named to protect his identity. He is under police witness protection and testifies at the commission via video link from an undisclosed location.

He claims he was part of a group of striking Lonmin mineworkers at Marikana, near Rustenburg, who underwent traditional rituals and participated in the murders of Fundi and Mabelani.

He has detailed in an affidavit how flesh was cut from Fundi's face, how sangomas cut this into smaller pieces, mixed it with blood, and burnt it to ashes for the miners to lick. This was apparently to prepare them for a confrontation with police.


Source : Sapa /jm/fg/lp/th
Date : 24 Jul 2014 11:47

 

[LazyLion]

MINERS MADE KILLING GESTURES: LONMIN GUARD

The attitude of striking mineworkers changed significantly in the days leading up to clashes between protesters and police in Marikana in North West on August 16, 2012, the Farlam Commission of Inquiry heard on Thursday.

"On Friday [August 10, 2012], the crowd only spoke to indicate to other protesters to keep quiet. On Sunday [August 12, 2013], the crowd was different, especially with regards to the amount of weapons carried," Lonmin security superintendent Dewald Louw told the inquiry in Pretoria.

"The way they acted, chanted, and the way they were holding their spears on Sunday was different. One took his spear and acted as if he was slitting his throat. They were taunting us, the facial expressions were not friendly."

At one point, Louw said his counterpart Martin Foster asked if he should shoot.

"They [protesters] were looking for some sort of reaction from us. We called for back-up and that is when we were attacked," said Louw.

He said the crowd went into a crouching position as they attacked.

"They were hostile because of the manner they moved. I got the impression that this was not like one of any crowds we had dealt with ever since I started working at Lonmin in 2008," said Louw.

"I was not sure where the other security vehicles where. Some were patrolling in the outskirts of the mining area. I thought that if the other [security] vehicles rushed we could get help within seven to 10 minutes."

Louw said his partner drove away and stopped after some distance to "take off pieces of glass" from their vehicle.

He said he gave a clear warning to the Lonmin security control room, over the two-way radio, that the "protesters should not be engaged because they were hostile".

Louw said he gave the warning only to the security control room, and was not sure if two Lonmin security guards killed by protesters that day --Hassan Fundi and Frans Mabelani -- got his warning.

The two were not at the control room.

"They might have heard me if they had radios. I am not aware of the situation with regards to the equipment they had. Even if they had hand radio, some of the messages can get lost in translation since we don't have sufficient reception in some areas."

Commission chairman retired judge Ian Farlam asked whether Fundi and Mabelani had cellphones.

Louw said they had.

Commissioner Pingla Hemraj asked Louw to explain whether he conveyed a message to fellow security guards that "a lot more security personnel would be required to approach the area".

Louw said he did not convey the message.

"Remember I had just been attacked and had almost lost my life. I was also injured but that did not matter, the only thing that mattered was for the crowd not to be engaged," said Louw.

"I requested the control room to call all managers and inform them of what had happened. My main concern was that people may die unnecessarily. Engaging the crowd is not our main priority," he said.

The commission is investigating the deaths of 44 people in strike-related violence at Lonmin's platinum mining operations at Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two security guards, were killed.


Source : Sapa /jm/fg/jk/lp
Date : 24 Jul 2014 15:08

 

[LazyLion]

LONMIN GUARDS FLED MINERS

Lonmin security guards almost crashed their cars into each other while fleeing from protesting miners on August 12, 2012, the Farlam Commission of Inquiry heard on Friday.

"The protesters were approaching us in a crouching position. Suddenly they stood and ran towards us," Julius Motlogelwa, of Lonmin's tactical response unit, said at the inquiry in Pretoria.

"I ran into a car and closed the doors. As I drove off, another vehicle almost collided into my car. I drove very fast, towards an intersection."

The leaders of the guards' team, Frans Mabelani and Hassan Fundi, did not get away. Their car was mobbed and torched. They were killed.

"Some strikers were throwing stones at our cars as we fled. When we stopped I phoned our control room and informed them that we were short. I told the control room to try contact Mabelani and Fundi," Motlogelwa told the commission.

He said police arrived where the guards had reassembled.

"We told them what was happening, and they could also see it. They told us they cannot approach the protesters because they had a small vehicle," said Motlogelwa.

"We then saw a huge smoke. It was coming from where we had left a VW Polo. We saw a second smoke coming from the car where Mabelani and Fundi were in, a Nissan Livina. It was on fire," he said.

Motlogelwa said when the strikers dispersed, he and other guards went with police officers to the burning cars.

That week, eight other people -- two policemen and mineworkers -- were killed in unrest related to a strike.

On August 16, 34 people, mostly striking mineworkers, were shot dead in a clash with police, more than 70 were wounded, and another 250 were arrested. Police were apparently trying to disarm and disperse them.

The commission, which is led by retired judge Ian Farlam, is probing these deaths, and the 10 deaths in the week of August 12.


Source : Sapa /jm/cls/th/jje
Date : 25 Jul 2014 12:57

 

[LazyLion]

MARIKANA ATTACK WAS QUICK: LONMIN GUARD

Lonmin security guards did not assist protesting Marikana miners attacked by National Union of Mineworkers (NUM) members on August 11, 2012, the Farlam Commission of Inquiry heard on Monday.

Julius Motlogelwa, of Lonmin's tactical response unit, was questioned by Dali Mpofu, for the wounded and arrested miners, at the inquiry in Pretoria.

"What we can legitimately blame security for, is that you did nothing to stop the attack by the NUM people on the crowd," said Mpofu.

Motlogelwa said the scuffle between about 30 NUM officials and thousands of protesting miners happened in a flash.

"It happened quickly," he said.

Mpofu said even after the skirmishes at the NUM offices at Lonmin, the mine security did not reveal the attackers to police. NUM officials allegedly fired several shots at the strikers who had approached the union offices on August 11, 2012.

Several people were injured in the brawl.

"When we realised that people were injured, the police were not there. We deliberated on how the injured can get medical assistance," said Motlogelwa.

Mpofu said after saving the injured, the mine security should have reported the individual attackers to police.

"You knew that Mr Setelele was there. The truth is that until today, even though those people have been identified, they haven't been arrested," said Mpofu.

"I am putting part of the blame on you, though most blame must go to the police. Mr Setelele went to the grave without having been charged for this."

NUM branch chairman William Setelele, 46, was shot eight times and killed in Nkaneng informal settlement in October last year.

Frans Mabelani and another senior security guard Hassan Fundi were killed during a confrontation with the strikers on August 12, 2012. They were trying to prevent protesters from getting to the NUM offices again.

The security had information that the protesters wanted to torch the NUM office. After the death of Fundi and Mabelani, the crowd proceeded to the NUM offices but did not set them alight.

Mpofu said the pair's death was in vain.

"In terms of preventing the people from going to NUM offices, those people [guards] really died for nothing because the protesters did go to the NUM office but didn't burn it," said Mpofu.

"Those deaths were senseless because on the 11th [August 2012] you decided not to prevent the crowd from going to the NUM offices. Instead you preferred that the offices be vacated. The crowd marching on the 11th wasn't armed but the crowd on 12 August was armed."

Motlogelwa said a security leader had decided on a different approach on August 12, unlike the one used on the previous day.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's mining operations at Marikana, near Rustenburg in the North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two security guards, were killed.


Source : Sapa /jm/jk/lp/ks
Date : 28 Jul 2014 16:27

 

[supersunbird]

Mpofu is so slimy, typical lawyer.

 

[LazyLion]

LONMIN SHOOTING RECORDS ALTERED

Reference to Lonmin security guards firing rubber bullets during a scuffle between striking miners in Marikana in August 2012 was removed from a logbook, the Farlam Commission of Inquiry heard on Tuesday.

"Who is responsible for editing the Lonmin OB [occurrence book], deleting certain references to rubber rounds fired by Lonmin people and then putting before us an OB which is censored?" inquiry chairman retired judge Ian Farlam asked.

Lonmin security risk manager Dirk Botes was being questioned at the inquiry's public hearings in Pretoria about discrepancies in the occurrence logbooks.

Evidence leader Matthew Chaskalson said according to one of the versions Lonmin guards fired rubber rounds when striking miners approached National Union of Mineworkers members on August 11, 2012.

Chaskalson asked if Botes knew why an entry about the shooting was removed from Lonmin's version given to the inquiry.

Botes replied: "I wasn't there at the site, but the [Lonmin] versions we have here are totally different. The log sheet I have was compiled in the Lonmin JOC [security joint operations centre] while I was in the SAPS [SA Police Service] JOC.

"The people here [in the Lonmin JOC] reported to Graeme Sinclair and he has to account and explain why the shooting was removed at the time, or afterwards."

Sinclair is Lonmin's head of security.

Botes could not say why the occurrence books where altered.

"The person who compiled the log sheets reported to Graeme. I was not in charge of the log sheets and the operators who compiled them," he said.

Chaskalson said evidence showed the alterations were made after August 27, 2012.

Farlam said: "This concerns us, because after the 27th of August, someone deleted the entry of the firing of eight rubber rounds. We want to know who that person is, and why."

Chaskalson said other entries had been removed from the Lonmin occurrence logbooks.

"If you compare exhibit XX2.10, with the document on the screen, you will find that two items written in red have been removed. In fact, if you do an overall comparison of the two documents, you find that all evidence of Lonmin shooting at the strikers appears to have been removed from the log given to us by Lonmin. We want help on that," said Chaskalson.

He said other Lonmin witnesses would be questioned on the matter.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg, North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two Lonmin security guards -- Hassan Fundi and Frans Mabelani -- were killed.

Fundi and Mabelani were killed on August 12.


Source : Sapa /jm/th/jk/lp
Date : 29 Jul 2014 12:31

 

[LazyLion]

ATTEMPT TO HIDE FOOTAGE: CHASKALSON

There was an attempt to hide an incident where Lonmin security guards shot rubber bullets at striking Marikana miners, from the Farlam Commission of Inquiry, an evidence leader said on Tuesday.

"My first concern is that there appears to be a deliberate attempt to hide the fact from this commission that the Lonmin security fired rubber bullets at the NUM [National Union of Mineworkers] offices on August 11, 2012," Matthew Chaskalson said at the inquiry's hearings in Pretoria.

He was cross-examining Lonmin security risk manager Dirk Botes about discrepancies in the events recorded in occurrence logbooks.

Botes said security guards who testified at the inquiry should have been asked about the firing of rubber bullets.

Commission chairman retired judge Ian Farlam said there were discrepancies in the versions presented by mining company Lonmin which needed explaining.

"What was concealed from the commission is that there was a full version of the Lonmin OB [occurrence book] which was not put before us.

"We were given an abbreviated one, with that entry [of the August 11, 2012 shooting] and other entries deleted from it. Those are matters, presumably, that will be explained in due course," said Farlam.

Chaskalson said it was strange that Lonmin did not have video footage of the violence at NUM's offices.

Shots were fired during the altercation between protesting miners and NUM officials at the NUM's office at the mine. Several protesters were wounded.

"My other concern is that we have no footage of this event. This is very difficult to understand. We know that that scene where the clash took place is directly in the view of camera 218," said Chaskalson.

"We have footage of that very same position on the following day as an exhibit. We know that the camera is movement operated. It's hard to imagine that a crowd of protesters turned to the NUM offices would not have been picked by the camera."

Botes said he did not know why Frans Mabelani, a Lonmin security guard killed along with his colleague Hassan Fundi while trying to stop the protesters, did not tell Lonmin control room operators to focus surveillance cameras at the protesters.

"He [Mabelani] should have shared that information to his operators that reported to him. He would have tasked them to make use of all cameras to monitor the situation. That didn't happen because there is no footage," said Botes.

"If there is no footage, then obviously the operator did not use the camera to view that specific area."

Farlam said he expected a reasonably alert operator to have turned on cameras to focus on the marching protesters.

"If there was a crowd of approximately 2000 protesters and if they got to 50 metres of the NUM offices and there was a reasonably alert operator I would have expected him to pick that up.

"I want to hear why there is no footage about that [incident], if there is a satisfactory explanation," said Farlam.

Botes said he could not explain. Farlam said it was odd. Botes agreed. He said he was not aware if Lonmin took any disciplinary measures regarding the camera operators.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg, North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two security guards, were killed.


Source : Sapa /jm/jk/th/lp
Date : 29 Jul 2014 16:11

 

[LazyLion]

CHARGE LONMIN FOR MARIKANA: MPOFU

Lonmin should be held responsible for people killed at its Marikana mining operations in the North West in August 2012, the Farlam Commission of Inquiry heard on Wednesday.

"We are going to argue that the Lonmin policy of refusing to speak to the workers was responsible for 41 of the 44 deaths," Dali Mpofu, for wounded and arrested mine workers, told the commission in Pretoria.

"The toxic collusion between Lonmin and [the SA Police Service] was responsible for over 39 of the deaths," Mpofu said.

He was cross-examining Lonmin security risk manager Dirk Botes.

The three-member commission, chaired by retired judge Ian Farlam, is probing the deaths of 44 people during the violent wage-related strike at Lonmin's platinum mine in Marikana, near Rustenburg.

Thirty-four people, mostly striking miners, were shot dead, 78 were wounded, and about 250 arrested on August 16, 2012, while police attempted to disperse and disarm them.

In the preceding week, 10 people, including two policemen and two security guards, were killed in strike-related violence.

Mpofu said he did not imply that Botes be held responsible for Lonmin management's "hard-line stance or political pressure which induced police brutality" at Marikana.

Botes told the inquiry on Tuesday he participated in the police joint operations centre set up at Lonmin during the unrest. He said he also attended joint operational co-ordinating committee meetings.

Mpofu said Botes was the "agent" in the "collusion" between police and Lonmin.

"The contention I am going to put is that the discrepancies in Lonmin occurrence logbooks are a result of doctoring the records in order to mislead the commission. I am going to put it that it is higher than [likely] the books are incorrect. Just like the SAPS, you were deliberately concealing evidence," said Mpofu.

Farlam urged Mpofu to argue his case without referring to the police's position.

"You are not questioning this witness about what the SAPS was doing. You don't have to make such statements as you go along, such statements get picked up by the media," said Farlam.

Mpofu responded: "How can you say that when I am questioning a witness. This is not a game, people died. That is grossly unfair and I would want it withdrawn."

Farlam said he would not retract his statement and urged Mpofu to "lower the temperature".

Mpofu went on: "I will take it up at a higher level. You are the one raising the temperature. You are making outrageous accusations against me. This is not a television show."

Ishmael Semenya, SC, for the police, said it was unfair for Mpofu to make the assertion as if it has been proved by the commission.

Mpofu continued with his cross-examination.

"The meaning of that collusion is that both those parties [Lonmin and SAPS] are guilty of the deaths that I have outlined.

"If those parties are guilty, I am going to argue that both those parties are responsible for concealing evidence. If you are innocent, you don't conceal evidence," he said.

"The concealment of evidence by any party accused of wrongdoing is an admission of guilt. That is the charge I am going to make to both the parties that I said are in that collusion."

On Tuesday, evidence leader Matthew Chaskalson told the inquiry Lonmin had tried to hide an incident where mine security guards shot rubber bullets at strikers at the National Union of Mineworkers' (NUM) offices at Lonmin's Marikana operations.

Shots were fired during the altercation between protesting miners and NUM officials at the NUM's office at the mine on August 11, 2012. Several protesters were wounded.

Chaskalson said there were several discrepancies in the events recorded in Lonmin's occurrence logbooks.

Farlam said these discrepancies needed explaining.


Source : Sapa /jm/jk/lp/th
Date : 30 Jul 2014 12:45 OrigID : G526236

 

[LazyLion]

EXCESSIVE FORCE USED AT MARIKANA: MPOFU

The force used against protesting Marikana miners, leading to 34 deaths, was disproportionate, the Farlam Commission of Inquiry heard on Wednesday.

"If I call what happened on the 13th [August 2012] an overkill, then I don't know what I can call what happened on the 16th," Dali Mpofu, for wounded and arrested Marikana miners, told the inquiry's hearings in Pretoria.

"The avalanche of attacks that were meted out on the 16th to a group that could be monitored and was not posing any immediate danger was, to say the least, disproportionate and heinous."

Mpofu was cross-examining Lonmin security risk manager Dirk Botes.

The three-member commission chaired by retired judge Ian Farlam is probing the deaths of 44 people during the wage-related protests at Lonmin's platinum mine in Marikana, near Rustenburg, North West.

On August 16, 2012, 34 people, mostly striking miners, were shot dead and 78 people were wounded when police fired on a group gathered at a hill near the mine. They were trying to disperse and disarm them.

In the week of August 13, 10 people, including two policemen and two security guards, were killed in strike-related violence.

Botes said the inquiry should note that around 80 percent of people gathered at a hill near the mine had been forced to congregate by fellow miners.

"When barbed wire was rolled out, many people left the koppie (hill) on the western side. That showed that those people did not want to get involved," Botes, a former policeman, said.

"I cannot comment on the massacre, and who those people were. I cannot identify who was killed, whether they were with the militant group. I know that police had a plan to progressively disperse and disarm the group."

Mpofu said the police should have adopted a circumspect approach to avoid endangering the "innocent citizens" at the hill.

Botes said he believed the police intervention plan implemented at Marikana was a cautious one.

Mpofu said Lonmin should be held responsible for the people killed at its Marikana mining operations.

"We are going to argue that the Lonmin policy of refusing to speak to the workers was responsible for 41 of the 44 deaths. The toxic collusion between Lonmin and [the SA Police Service] was responsible for over 39 of the deaths," Mpofu said.

Botes said Lonmin security guards did their best to protect life and property, but the August 2012 strikers were different compared to previous protesters.

"I have told this commission that in previous marches the security always interacted with the protesters. The security always stopped in front of the groups and the strikers previously sent a representative," Botes said.


Source : Sapa /jm/th/jje/jk
Date : 30 Jul 2014 13:58

 

[LazyLion]

Why is he drawing conclusions during cross examination?

He can do that during the summing up phase.

This Farlam dude needs to rein Mpofu in.

 

[LazyLion]

DELETED MARIKANA RECORDS HAUNT LONMIN

Complete Lonmin records of the August 2012 Marikana shootings were unearthed the by Farlam Commission of Inquiry evidence leaders' own investigations, the inquiry heard on Thursday.

"Had it not been for two processes instigated and initiated by evidence leaders, this version [of the Lonmin occurrence book] would not have been before the commission," said evidence leader Kameshni Pillay.

"Exhibit XX2.10 is the document that Lonmin put forward as the occurrence book. This was the OB that this commission was working with for a while until we requested the hard drive of Colonel Duncan Scott and discovered the other occurrence book late last year."

She was cross-examining former Lonmin group mining emergency and security manager Graeme Sinclair at the inquiry's public hearings in Pretoria.

Lt-Col Scott of the police special task force was in charge of drawing up the intervention plan to manage the strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in North West, in August 2012.

"Until August last year, the version which this commission was working with was the version with significant deletions. Those deletions were made at your instance," said Pillay.

Sinclair said he did not want to comment on what was given, or not given, to the inquiry.

"Whatever I was ever asked for was certainly always made available. For me to comment on that, it would be incorrect of me," he said.

On Tuesday, evidence leader Matthew Chaskalson said according to one of the versions Lonmin security guards fired rubber bullets when striking miners approached National Union of Mineworkers members on August 11, 2012.

Chaskalson asked Lonmin security risk manager Dirk Botes if he knew why such entries about the shootings were removed from Lonmin's version given to the inquiry.

Botes said he was in the dark regarding this.

On Thursday, Pillay said it was strange that the SA Police Service was given complete versions of the Lonmin occurrence book, as discovered on Scott's laptop hard drive, while the commission was given a "reduced version which contains deletions made at your instance".

Sinclair responded: "This is a public document and I was very careful of what was in the document. Once it had been given to the police, I had to be careful that we would not jeopardise their investigations."

Commission chairman retired judge Ian Farlam responded: "We, as a commission, required full disclosure. It was not enough for us to rely on the police. You had a duty to make full disclosure. Can you justify your conduct?

"Why was the complete logbook withheld, even to your legal team? You have been asked, how come there was a full disclosure to police and there appears to be no full disclosure to your legal team and us?"

Sinclair said he believed he had disclosed all evidence required from him.

"I believe that anything that was required was correctly tabled. I didn't go into check lists to say to myself, have I forgotten anything? I did not look at the versions of the log sheets," he said.

"If it was not given [to the Lonmin legal team] there was no such intention from me. I might not have remembered to tell them. Anything I did, I certainly shared when I was required to do so."

Pillay said the deleted information related to shooting incidents involving Lonmin security guards firing at protesters on several days in August 2012.

Sinclair said he instructed his personal assistant to "clean up" the documents before they were used in "public".

"I think she told herself, 'this is Graeme's instruction, let me take it out'. Did I ask her what exactly she deleted? No, I didn't. Did I go back and check? No, I didn't," said Sinclair.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and another 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two Lonmin security guards, were killed.


Source : Sapa /jm/jk/lp
Date : 31 Jul 2014 12:49

 

[LazyLion]

SAPS WAS 'ASSISTED' WITH FOOD PARCELS AT MARIKANA

An entry showing that police officers deployed to Marikana in August 2102 were supplied with food parcels by Lonmin was deleted from an occurrence book, the Farlam Commission of Inquiry heard on Thursday.

Deleted material from Lonmin occurrence books took centre stage at the public hearings in Pretoria when Lonmin group mining emergency and security manager Graeme Sinclair was cross-examined.

Commission chairman retired judge Ian Farlam read out a deleted entry discovered by evidence leaders.

"Why was this deleted? An entry of August 29, 2012 saying a Warrant Officer Thebejane called to request 150 food parcels to court tomorrow. [A Lonmin employee] Botes confirmed that the food parcels can be ordered for tomorrow morning.

"Hannes Human [another Lonmin employee] then informed the buyer Patricia to order 150 extra food parcels. Why was that deleted? Who was the food parcels for?" said Farlam.

Sinclair stuttered that he "wouldn't have an idea" why it was deleted.

"There was no particular reason for it to be deleted. If I gave that instruction, I don't know," he said.

Farlam repeated: "Who were the food parcels for?"

"The food parcels were for our guards. They were for additional people that were around, people we required," said Sinclair.

Farlam asked again: "Did you have 150 extra guards at the magistrate's court. Huh?"

Sinclair responded: "We assisted with food parcels for any police officers that travelled long distances. It could have been for that, or the guards, or our staff."

Farlam still wanted to know why the entry was deleted.

"I am puzzled, I would be glad if you help me out of my state of puzzlement," said Farlam.

Sinclair responded: "Mr Chair, I cannot explain why that particular line was deleted. It wasn't significant. I have listened to your opinion very clearly."

Farlam interjected: "It is not my opinion. I haven't given my opinion on this."

He said Sinclair had told his personal assistant to delete other lines but this did not seem to fit in with those instructions.

Sinclair said he could not explain.

Sinclair said earlier he instructed his personal assistant, identified as Amanda, to "clean up" the documents before they were used in "public".

"I think she told herself, 'this is Graeme's instruction, let me take it out'. Did I ask her what exactly she deleted? No, I didn't. Did I go back and check? No, I didn't," said Sinclair.

Evidence leader Kameshni Pillay said most of the deleted information related to incidents involving Lonmin security guards firing at protesters on several days in August 2012. She said the complete Lonmin records of the August 2012 Marikana shootings were unearthed in the evidence leaders' own investigations.

"Had it not been for two processes instigated and initiated by evidence leaders, this version [of the Lonmin occurrence book] would not have been before the commission," she said.

"Exhibit XX2.10 is the document that Lonmin put forward as the occurrence book. This was the OB [occurrence book] that this commission was working with for a while until we requested the hard drive of Colonel Duncan Scott and discovered the other occurrence book late last year."

Lt-Col Scott of the police special task force was in charge of drawing up the intervention plan to manage the strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in North West, in August 2012.

"Until August last year, the version which this commission was working with was the version with significant deletions. Those deletions were made at your instance," said Pillay.

Sinclair said he did not want to comment on what was given, or not given, to the inquiry.

"Whatever I was ever asked for was certainly always made available. For me to comment on that, it would be incorrect of me," he said.

On Tuesday, evidence leader Matthew Chaskalson said according to one of the versions Lonmin security guards fired rubber bullets when striking miners approached National Union of Mineworkers members on August 11, 2012.

Chaskalson asked Lonmin security risk manager Dirk Botes if he knew why such entries about the shootings were removed from Lonmin's version given to the inquiry.

Botes said he was in the dark regarding this.

The three-member commission is probing the deaths of 44 people during the wage-related protests at Lonmin's platinum mine in Marikana.

On August 16, 2012, 34 people, mostly striking miners, were shot dead, 78 were wounded, and some 276 were arrested when police fired on a group gathered at a hill near the mine. They were apparently trying to disperse and disarm them. In the preceding week 10 people, including two policemen and two security guards, were killed in strike-related violence.


Source : Sapa /jm/jje/jk/lp
Date : 31 Jul 2014 14:47

 

[ToxicBunny]

Why is he drawing conclusions during cross examination?

He can do that during the summing up phase.

This Farlam dude needs to rein Mpofu in.

Farlam should have given Mpofu a PK many many months ago.. he is wasting our time and money now on this nonsense.

 

[LazyLion]

LONMIN GUARD TOLD COPS TO DISPERSE MINERS

Lonmin mine security told police officers at Marikana to disperse a group of protesting miners gathered on August 10, 2012, the Farlam Commission of Inquiry heard on Friday.

"Do you agree that Dirk Botes and you approached Captain Govender and said that he must disperse the group of men standing on the opposite side?" commission chairman retired judge Ian Farlam asked Lonmin mining emergency and security manager Graeme Sinclair.

Botes is Lonmin's security risk manager.

"Mr Botes said that, sir. Not me. He made those remarks in my presence," Sinclair replied at the inquiry's hearings in Pretoria.

Farlam said Govender told Lonmin security he would not disperse the crowd as it posed no security threat.

Sinclair concurred with Govender's evidence which indicated that gunshots were heard at the scene. The bullets were reportedly fired by Lonmin security guards trying to disperse the crowd.

Farlam asked Sinclair to explain if he agreed with Botes's sentiment that the protesters should be dispersed.

Sinclair responded: "Dirk was not in a quiet state, he was in a vocal [state]. When he came to me, I told him to calm down and address the situation correctly.

"I cautioned him about his behaviour. I told him Govender was there and would take responsibilities. I am not sure if those were my exact words, because it's two years ago."

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two Lonmin security guards, were killed.

Evidence leader Kameshni Pillay said two Lonmin employees identified only as Mtengwane and Dlomo alleged security guards shot them on August 10, 2012, even though they were not protesting.

"I cannot recall if there were any injuries resulting from any of the rubber bullets that were fired. It is possible, but I cannot recall right now," Sinclair said.

Pillay said according to Mtengwane's medical records he had "fairly serious injuries".

"The doctor records the injuries as a result of bullet wounds. If those injuries had been drawn to your attention, you surely would remember those, because they were serious," said Pillay.

Sinclair said he would remember if the injuries had been reported to him.

Farlam asked Sinclair why he did not include his participation in events of August 10, 2012, in his sworn statement to the inquiry.

"I forgot it when I was doing my statement. I see now that I should have put that in my statement. It was an omission on my part. I can only apologise for that," he said.


Source : Sapa /jm/th/jk/ar
Date : 01 Aug 2014 13:28

 

[LazyLion]

LONMIN GUARDS NOT READY FOR STRIKERS

Lonmin mine security guards were ill-prepared to manage thousands of the company's striking employees in August 2012, the Farlam Commission of Inquiry heard on Friday.

"The impression from the incident of the 12th (August 2012) is that your security people were not prepared to deal with the crowd," Sesi Baloyi, for the police, told Lonmin mining emergency and security manager Graeme Sinclair at the inquiry's hearings in Pretoria.

"A record indicates that two security guards had one firearm when they confronted the protesters."

Sinclair said Lonmin security was well prepared.

"We ensured that they had manpower that was brought in on overtime or seconded to us from other areas. We had a higher level of command to manage those people."

He said apart from the "normal equipment", the Lonmin guards had special crowd control gear.

Protesting miners killed two Lonmin senior security guards, Hassan Fundi and Frans Mabelani, on August 12, 2012, at Lonmin's platinum mining operations in Marikana, North West.

Dewald Louw, a Lonmin security superintendent, testified last month that he and a colleague narrowly escaped death that day when their car would not start as they tried to get away from a large group of armed, protesting miners. The car was smashed with knobkerries, pangas, and spears.

Commissioner Pingla Hemraj asked Sinclair: "Are you familiar with the report with the criticisms that have been raised about so many of the security officers not being in possession of firearms and being at critical points? What was done to ensure that officers were adequately equipped?"

Sinclair said he was familiar with the document and that the events of August 2012 were extraordinary.

"This developed into an extraordinary event that we had never dealt with previously. Did we have everything to deal with that level of escalation? I don't believe so. Those are the shortcomings which need to be addressed," he said, referring to the events between Saturday, August 11, 2012 and the Sunday.

Sinclair was excused from the inquiry on Friday and was expected to return on a later date.

Police witness, only known as "Mr X", is scheduled to give further evidence when the inquiry resumes next week.

Chairman of the inquiry, retired judge Ian Farlam, said the public hearings would resume on Thursday as the Tshwane council chambers were not available on Monday and Wednesday.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two Lonmin security guards, were killed.


Source : Sapa /jm/th/lp
Date : 01 Aug 2014 15:50

 

[LazyLion]

NYALAS, BARBED WIRE AT FARLAM COMMISSION

Security was significantly heightened at the Farlam Commission of Inquiry on Monday ahead of Deputy President Cyril Ramaphosa's testimony.

A police water canon, several Nyalas, and rolls of barbed wire, were stationed in the Tshwane council premises where the inquiry holds public hearings in Pretoria.

Numerous police and presidential protection service vehicles were also at the venue. Some police vehicles were parked on Rabie Street outside the venue.

The number of news crews had also swelled significantly, compared to previous days.

Ramaphosa is expected to testify at the inquiry into the 2012 Marikana shootings.

The commission is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two Lonmin security guards, were killed.

Dali Mpofu, for the wounded and arrested mineworkers, said during the public hearings in July that Ramaphosa, a Lonmin shareholder, used former police minister Nathi Mthethwa to exert political pressure on police to act against the protesting Marikana miners.

"You were the intermediary, the conduit, through which the pressure Mr Ramaphosa refers to was conveyed to the senior management of police and ultimately to the officers who killed people," Mpofu said while cross-examining Mthethwa at the inquiry at the time.

He read out an e-mail penned by Ramaphosa, as a Lonmin shareholder, to fellow board members: "I have just had a discussion with Susan Shabangu [then minister of mineral resources]. She agrees that [what] we are going through is not a labour dispute but a criminal act.

"She will correct her characterisation of what we are experiencing. She is going into cabinet and will brief the president as well and get police minister Nathi Mthethwa to act in a pointed way. Let us [apply] the pressure on them to act correctly."


Source : Sapa /jm/fg/jk/jje
Date : 11 Aug 2014 09:17

 

[LazyLion]

'I WAS TRYING TO HELP AT MARIKANA': RAMAPHOSA

Deputy President Cyril Ramaphosa did not tell former police minister Nathi Mthethwa how to intervene in the 2012 Marikana strike, the Farlam Commission of Inquiry heard on Monday.

"I felt duty bound to try and help, to see the extent to which one could communicate to those in authority," Ramaphosa told the commission sitting in Pretoria.

He said he had had a phone conversation with Mthethwa on August 12, 2012. This was after he, then a non-executive director at Lonmin, had received an e-mail from Lonmin colleague, marketing director Albert Jamieson.

An extract of the e-mail read: "We need help. I urge you to please use your influence to bring this over to the necessary officials who have the necessary resources at their disposal."

Ramaphosa confirmed to the commission that he had received the e-mail.

"I just raised the concerns that Jamieson had raised. He had requested more police presence. I told the minister that they [Lonmin] needed help," said Ramaphosa.

"I felt that it was necessary to respond to the concerns raised in the e-mail, particularly in relation to the people who had been injured or killed," he said.

The commission, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and the two Lonmin security guards, were killed.

Security was significantly heightened at the commission on Monday, ahead of Ramaphosa's testimony.

A police water canon, several Nyalas, and rolls of barbed wire, were stationed in the Tshwane council premises where the inquiry holds its public hearings.

Numerous police and presidential protection service vehicles were also at the venue. Some police vehicles were parked on Rabie Street outside.

The number of news crews had also swelled significantly, compared to previous days.

Dali Mpofu, for the wounded and arrested mineworkers, said during the public hearings in July that Ramaphosa used Mthethwa to exert political pressure on police to act against the protesting Marikana miners.

"You were the intermediary, the conduit, through which the pressure Mr Ramaphosa refers to was conveyed to the senior management of police and ultimately to the officers who killed people," Mpofu said while cross-examining Mthethwa at the inquiry at the time.


Source : Sapa /jm/jk/jje/aa
Date : 11 Aug 2014 10:36

 

[LazyLion]

VIOLENCE 'DASTARDLY CRIMINAL': RAMAPHOSA

Violence during the 2012 Marikana miners protest was described as "dastardly criminal", the Farlam Commission of Inquiry heard on Monday.

This was the term used by Deputy President Cyril Ramaphosa, then a non-executive director of Lonmin, in an e-mail to Lonmin colleague, marketing director Albert Jamieson on August 15, 2012.

"By that time, around eight people had been killed, including workers and police. I viewed this as criminal acts [because of] the description of how the people had been killed," Ramaphosa told the inquiry in Pretoria.

He was led in submitting evidence by his lawyer David Unterhalter.

"Much as I was not on the ground, as I got all these reports, I concluded that these were acts of criminality," said Ramaphosa.

He wrote in the e-mail that the Marikana incidents should not be characterised as a labour dispute.

"You said 'they are plainly and dastardly criminal and must be characterised as such'. Tell us why you used that language," said Unterhalter.

Ramaphosa responded: "I could not [find] a better way of describing it, when someone is killed and their body parts are then cut out. I couldn't find a better way of describing it because it was quite horrific."

Unterhalter asked Ramaphosa to explain why he said there needed to be "concomitant action to address the situation".

Ramaphosa said he wanted police to arrest the perpetrators of violence.

"I felt that this needed the police to take appropriate action to identify those involved in the acts [of criminality], and arrest them so they would not continue killing people in that brutal way."

Ramaphosa said he had spoken to then police minister Nathi Mthethwa regarding the unrest but did not "prescribe" the level of intervention required.

The commission, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during strike-related violence at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 250 arrested on August 16, 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two Lonmin security guards, were killed.

Security was significantly heightened at the commission on Monday, ahead of Ramaphosa's testimony.

A police water cannon, several Nyalas, and rolls of barbed wire, were stationed in the Tshwane council premises where the inquiry holds its public hearings.

Numerous police and presidential protection service vehicles were also at the venue. Some police vehicles were parked on Rabie Street outside.

The number of news crews had also swelled significantly, compared to previous days.

Dali Mpofu, for the wounded and arrested mineworkers, said during the public hearings in July that Ramaphosa used Mthethwa to exert political pressure on police to act against the protesting Marikana miners.

"You were the intermediary, the conduit, through which the pressure Mr Ramaphosa refers to was conveyed to the senior management of police and ultimately to the officers who killed people," Mpofu said while cross-examining Mthethwa at the inquiry at the time.

A group of protesters seeking to enter the Tshwane council premises converged at the main entrance as Ramaphosa testified.

Some people in the auditorium wore white T-shirts written "Buffalo Head killed people in Marikana" and "McCyril the killer". Some T-shirts had a drawing of a buffalo head.

These were references to Ramaphosa reportedly once unsuccessfully bidding up to R19.5 million for a buffalo cow, and his ownership of the McDonald's franchise in South Africa.


Source : Sapa /jm/jk/jje/ks
Date : 11 Aug 2014 11:31

 

[LazyLion]

PROTESTERS INTERRUPT MARIKANA COMMISSION

Public hearings of the Farlam Commission of Inquiry were brought to a standstill on Monday afternoon by protesters.

The group banged on tables and clapped hands shouting "Ramaphosa must resign" and "blood on his hands."

Bodyguards rushed into the auditorium and many police officers stood at the entrance.

After a short while Dali Mpofu, for the arrested miners, managed to calm the protesters.

Chairman of the inquiry, retired judge Ian Farlam, said it was vital for Ramaphosa to be allowed to give his evidence.


Source : Sapa /jm/fg/ks
Date : 11 Aug 2014 12:40