Marikana Shootings Farlam Commission Thread

[LazyLion]

MINER TELLS OF MARIKANA 'EXECUTION-STYLE' SHOOTINGS

Hiding Lonmin miners were found and shot by police officers at Marikana on August 16, 2012, the Farlam Commission of Inquiry heard on Monday.

"There was sound of gunfire from all sides. Some bullets sounded as if they were so near us. One man said we should surrender. He raised his arms," Shadrack Zandisile Mtshamba, a Lonmin rockdrill operator, told the commission.

"He was shot on the right arm and he bent down. He raised his hands and said we should surrender. He was shot again in the stomach. The third bullet shot his leg and he fell down."

Mtshamba's evidence was led by Dali Mpofu, for the arrested and wounded miners.

Mtshamba had fled from the hill at Marikana, known as scene one, where the initial shooting took place on August 16, 2012.

He said another miner, who was hiding near the shot mineworker also emerged, surrendering.

"When he came up with raised hands, he was shot in the region of the neck.

"He fell on his face. We became scared of surrendering after witnessing the shootings," said Mtshamba.

He said after a moment there were repeated shouts for the police to stop shooting. All the hiding mineworkers were then assembled and searched.

Mtshamba said some miners did not come out of their hiding places and they could have been dead or seriously injured.

"We were told to lie down and to crawl on hands and legs towards the Hippos [police Nyala vehicles]. The police were asking about the sangoma.

"They were kicking us while we lay on the ground. They were also bragging among themselves about the manner in which they had taken people down.

"They said if it were in Zimbabwe, they would burn us alive with petrol," Mtshamba wrote in his statement to the commission.

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 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.

Mtshamba was one of 275 miners who were arrested on August 16, 2012. The men were released on warning.


Source : Sapa /jm/jk/lp/ar
Date : 18 Aug 2014 13:17

 

[LazyLion]

RACIAL SEPARATION RIFE AT LONMIN: MARIKANA SURVIVOR

White employees at Lonmin mine got preferential treatment at the expense of their black counterparts, the Farlam Commission of Inquiry heard on Monday.

"There is still segregation in the mines based on race. I am an RDO [rockdrill operator] but there is no single white person who works as an RDO," Shadrack Zandisile Mtshamba told the commission in Pretoria.

"All white people are given positions like mine captains. Many white people joined the mine while we worked at Lonmin but they now have better positions."

He said the August 2012 protest at Marikana was inspired by a robust desire among black employees to be on par with their white counterparts.

"Lonmin should have spoken to workers instead of calling the police. They called the police to come and shoot the protesters. Now Lonmin should be giving something to the widows who lost loved ones," said Mtshamba.

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 in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police, over 70 were wounded, and over 200 were 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.

Mtshamba was among the hundreds of arrested miners. The men faced charges including murder and attempted murder of 34 of their colleagues on August 16. Following a public outcry the charges were provisionally withdrawn in September 2012.

Mtshamba said the detained miners were mistreated in police cells.

"Some people were taken to police cells while they were bleeding and their bodies were swollen. We were mistreated a lot. We were assaulted. We were just locked up.

"If our lawyers had not negotiated for us, we would have been in prison even now because those cases are still on. The police are walking freely, enjoying their lives," he said.

He insisted the miners did not kill their colleagues.

"We had been gathering at the koppie [hill] for a long time without killing each other. Why would we kill our colleagues?"

Without specifying, Mtshamba said even though charges like murder had been provisionally withdrawn, the miners were scheduled to be in court on Wednesday on charges related to the August 16, 2012, incidents.


Source : Sapa /jm/jk/ar/lp
Date : 18 Aug 2014 15:32

 

[LazyLion]

CHARGES DROPPED AGAINST MARIKANA MINERS

Charges against 279 miners who were arrested during the August 2012 unrest at Lonmin's platinum mine in Marikana were dropped in the Ga-Rankuwa Magistrate's Court, north of Pretoria, on Wednesday.

"The charges were dropped due to the fact that the State would not be able to prove their cases if the matter went to trial," said Andries Nkome, who was part of the defence team.

He said this had been the defence's argument from the beginning.

The group was charged with public violence, illegal gathering, possession of dangerous weapons and intimidation following the unrest at the mine which claimed the lives of 44 people.

Initially, the miners also faced charges related to murder but these were provisionally withdrawn by the court.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police at Marikana, near Rustenburg in the North West, on August 16, 2012 and over 70 were wounded.

Ten other people, including two police officers and two Lonmin security guards, were killed in the preceding week.

The police claimed they were trying to disarm and disperse armed striking miners who had gathered illegally at the mine.

Nkome said the miners were now weighing their options about laying charges against the police who they claimed injured and assaulted them during the arrests.

"They are considering their legal options about the assault, and their decision on how to go about the matter will be made known in due course," he said.


Source : Sapa /nsm/jk/ar/lp
Date : 20 Aug 2014 15:01

 

[LazyLion]

SHOT MINERS COMPILE AFFIDAVITS

Three Lonmin mineworkers reportedly shot by police while surrendering have compiled affidavits to attest to this, the Farlam Commission of Inquiry heard on Monday.

Dali Mpofu, for the miners arrested and injured during clashes between police and striking mineworkers on August 16, 2012, said the statements would corroborate the evidence of Shadrack Zandisile Mtshamba.

The witness had previously testified that police shot some miners who had been hiding and had decided to give themselves up.

"There was sound of gunfire from all sides. Some bullets sounded as if they are so near us. One man said we should surrender. He raised his arms," Mtshamba told the commission earlier this month.

"He was shot in the right arm and he bent down. He raised his hands and said we should surrender. He was shot again in the stomach. The third bullet shot his leg and he fell down."

Ishmael Semenya for the police on Monday disputed the affidavits.

He argued whether the three miners would be called to testify against the police at the commission.

Mpofu said the witnesses could be interviewed by evidence leaders and their injuries examined.

Semenya argued that one witness's affidavit contradicted Mtshamba's evidence. Mtshamba had testified that one of those shot in his presence was hit in the left arm. According to the man's affidavit however he was shot in the right arm.

Mpofu argued the affidavits were relevant and admissible.

Commission chairman, retired judge Ian Farlam said the question was whether police intentionally shot at the miners.

"Could they see them? Did they know they were firing at people who were surrendering?" Farlam asked, adding that some of the police were shooting from a distance.

"The statements would not prove that the people were intentionally shot at," said Farlam.

Mpofu disagreed.

"There is a statement from one witness who says shots were fired at him from around five metres," Mpofu said.

"He suggests that this was done deliberately."

Farlam ruled that the evidence leader should interview the three miners prior to their statements being entered as evidence.

The commission, sitting in Centurion, Pretoria, is investigating the deaths of 44 people killed during the strike-related unrest at Lonmin's platinum mine in Marikana, near Rustenburg.

Thirty-four people, mostly striking mineworkers were shot dead in a clash with police. Over 70 were wounded and over 200 were arrested on August 16, 2012. Police were apparently trying to disperse them.

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

The commission has called another witness, Lonmin miner Xolani Nzuza, to testify.


Source : Sapa /nsm/th/jje/lp
Date : 25 Aug 2014 12:06

 

[LazyLion]

LONMIN DID NOT CARE: MINER

The violence at Lonmin's platinum mine in Marikana occurred because mine bosses did not care, the Farlam Commission of Inquiry heard on Monday.

"The cause of all that happened there is because of a lack of care from Lonmin and them calling us criminals," mineworker Xolani Nzuza, 27, told the inquiry's public hearings in Pretoria.

He was one of the leaders in the strike-related unrest at the mine which resulted in the deaths of 44 people in August 2012

"Had they not called us criminals, this would have not happened."

Nzuza said they were told Lonmin had told police and Association of Mineworkers and Construction Union leader Joseph Mathunjwa that they were "faceless criminals".

Asked what would have happened had Lonmin addressed them, Nzuza said: "If Lonmin had come to speak to us, we would have gone back to work."

Nzuza was being led in delivering his evidence-in-chief by Dali Mpofu, for the miners arrested and injured during the unrest.

The commission, sitting in Centurion, was investigating the deaths of 44 people during the strike. Thirty-four people, mostly striking mineworkers were shot dead in a clash with police. Over 70 were wounded and over 200 were arrested on August 16, 2012. Police were apparently trying to disperse them.

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

Earlier, the court heard there were affidavits from three witnesses who claimed police shot them as they tried to surrender.

Mpofu said the statements would corroborate the evidence of Shadrack Zandisile Mtshamba. The Lonmin miner previously testified that police shot some miners who had been hiding and had decided to give themselves up.

"There was sound of gunfire from all sides. Some bullets sounded as if they are so near us. One man said we should surrender. He raised his arms," Mtshamba told the commission earlier this month.

"He was shot in the right arm and he bent down. He raised his hands and said we should surrender. He was shot again in the stomach. The third bullet shot his leg and he fell down."

Ishmael Semenya, for the police, on Monday disputed the affidavits.

He argued whether the three miners would be called to testify against the police at the commission.

Mpofu said the witnesses could be interviewed by evidence leaders and their injuries examined.

Semenya argued that one witness's affidavit contradicted Mtshamba's evidence. Mtshamba had testified that one of those shot in his presence was hit in the left arm. According to the man's affidavit however he was shot in the right arm.

Mpofu argued the affidavits were relevant and admissible.

Commission chairman, retired judge Ian Farlam, said the question was whether police intentionally shot at the miners.

"Could they see them? Did they know they were firing at people who were surrendering?" Farlam asked, adding that some of the police were shooting from a distance.

"The statements would not prove that the people were intentionally shot at," said Farlam.

Mpofu disagreed.

"There is a statement from one witness who says shots were fired at him from around five metres," Mpofu said.

"He suggests that this was done deliberately."

Farlam ruled that the evidence leader should interview the three miners prior to their statements being entered as evidence.


Source : Sapa /nsm/jje/th
Date : 25 Aug 2014 14:00

 

[LazyLion]

RAMAPHOSA NEVER INFLUENCED ME: SHABANGU

Former mineral resources minister Susan Shabangu denied that Cyril Ramaphosa influenced her into seeing the Marikana strike as a criminal issue.

"It is not true," Shabangu told the Farlam Commission of Inquiry in Pretoria into the deaths of 44 people during the strike in August 2012.

Nicole Lewis, for the widows of miners killed in the unrest, had told Shabangu that Ramaphosa, a non-executive Lonmin director at the time, and now deputy president, had testified to getting Shabangu to change or abandon her characterisation of the unrest.

"He never influenced me. He never persuaded me. He couldn't do that in a space of five minutes," she said, referring to a brief meeting she had had with Ramaphosa on August 15, 2012.

Earlier, evidence leader Kameshni Pillay read from an e-mail sent by Ramaphosa to Lonmin officials about a conversation he had with Shabangu on the Marikana unrest.

Ramaphosa wrote: "She [Shabangu] 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."

Shabangu told the commission Ramaphosa relayed incorrect reports to his Lonmin colleagues.

"He was the one who was under pressure and he wanted his colleagues to see that he is doing well," said Shabangu.

Throughout her testimony, Shabangu continuously denied referring to the Marikana unrest as a "criminal act".

"I disagree with what is written here that I'll correct my characterisation," she said, referring to the e-mail.

She said she believed while people had died in the strike-related violence, it was still a labour issue.

The commission, chaired by retired judge Ian Farlam, is investigating the deaths of the 44 people during the strike-related unrest 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 on August 16, 2012. Over 70 were wounded and over 200 were arrested. Police were apparently trying to disperse them.

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


Source : Sapa /nsm/jk/jje/th
Date : 26 Aug 2014 13:45

 

[LazyLion]

SHABANGU GAVE POLICE 'LICENCE TO KILL': MPOFU

Former mineral resources minister Susan Shabangu gave police a "licence to kill" at Marikana in August 2012, the Farlam Commission of Inquiry heard on Tuesday.

Dali Mpofu, for Lonmin miners wounded and arrested during the unrest at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West, referred Shabangu to a statement she made in April 2008.

At the time, she was deputy police minister.

"You must kill the bastards if they threaten you or the community. You must not worry about the regulations. That is my responsibility. Your responsibility is to serve and protect," Mpofu said read from her statement.

"I want to assure the police station commissioners and policemen and women from these areas that they have permission to kill these criminals.

"I won't tolerate any pathetic excuses for you not being able to deal with crime. You have been given guns, now use them.

"I want no warning shots. You have one shot and it must be a kill shot," Mpofu read.

At the time Shabangu was addressing residents of Danville, Pretoria West, Lotus Gardens, Hercules, and Elandspoort. She complained about the "pathetic excuses" given by police unable or unwilling to deal with crime.

On Tuesday, she testified at the commission on her role during the August 2012 unrest. She was mineral resources minister at the time.

Mpofu told Shabangu that calling striking Lonmin miners criminals would have resulted in them being killed. Shabangu denied calling them criminals and said during the 2008 address she was referring to police protecting themselves against heavily-armed criminals.

Mpofu interjected and led her to another part of her 2008 statement.

He noted that she said: "If criminals dare to threaten the police or the livelihood or lives of innocent men, women and children, they must be killed."

Mpofu said the Lonmin strikers had been accused of killing two police officers and were therefore regarded as criminals.

Shabangu repeatedly denied that she characterised the events at Lonmin as criminal.

Earlier, evidence leader Kameshni Pillay had read from an e-mail sent by deputy president Cyril Ramaphosa to Lonmin officials about a conversation he had with Shabangu about the Marikana unrest.

"She [Shabangu] 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," it read.

At the time, Ramaphosa had business interests in Lonmin.

Shabangu told the commission that Ramaphosa relayed incorrect reports to his Lonmin colleagues because he was under pressure.

"He was the one who was under pressure and he wanted his colleagues to see that he is doing well," said Shabangu.

Mpofu suggested Shabangu took orders from Ramaphosa and was influenced by him.

"Whoever asked him to influence me failed because he never influenced me. I am a very independent person," she said.

Mpofu accused her of corruption.

"I'm going to argue that you're guilty of corruption," he said, explaining that she helped Ramaphosa in ways that led to financial gain.

"Mr chairman, Mr Mpofu is being very pathetic," Shabangu replied.

The commission, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during strike-related unrest at Lonmin's platinum mining operations at Marikana.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police on August 16, 2012. Over 70 were wounded and over 200 arrested. Police were apparently trying to disperse and disarm them.

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

Mpofu had been allocated around two hours to cross-examine Shabangu.

When Farlam pointed out his time was up, Mpofu said this was "very unfair" to his clients.

Farlam ignored Mpofu's remark and walked out of the auditorium for his tea break.

When the commission resumed, Mpofu said his clients complained that lawyers were given limited time to question government officials who possibly had the answers they were looking for.


Source : Sapa /nsm/fg/th/jk/lp
Date : 26 Aug 2014 16:20

 

[LazyLion]

MURDERERS SHOULD BE ARRESTED: MINEWORKER

Those responsible for the murder of two security guards and two policemen during the August 2012 strike-related unrest at Marikana should be arrested, the Farlam Commission of Inquiry heard on Wednesday.

One of the leaders of the strike at Lonmin's platinum mining operations at Marikana, near Rustenburg in the North West, Xolani Nzuza, told the commission in Pretoria he felt "bad" about the deaths.

"I am hurt about security officials who were killed because they were in a place they were not meant to have been in," said Nzuza.

"I would be happy if the people who killed the security guards were arrested.

"If there is evidence about who killed the two police officers, they should also be arrested," Nzuza said.

A witness, known only as Mr X, who testified before the commission several weeks ago, said he was present when security guards Hassan Fundi and Frans Mabelani were killed.

He said the strikers killed the guards, removed some body parts, and used their burnt remains in muti rituals.

The workers believed that the muti would make them strong and invincible against the police.

A police officer who led the Marikana operation testified last year about how his two colleagues, Tsietsi Monene and Sello Lepaku, were killed.

"I heard [teargas shooting]. I then realised that strikers had turned against police. It wasn't a very good scene," said Maj-Gen William Mpembe at the time. He was the deputy police commissioner of the North West.

"I saw warrant officer Monene being chopped and killed in front of me. I saw how officer Lepaku was killed," he said.

On Wednesday, Nzuza told the commission the police officers responsible for the deaths of 34 of his colleagues should also account.

"If the police were found to have done wrong, they should also be arrested," said Nzuza.

Some of the miners involved in the unrest were arrested and were now unemployed.

Last week, the Ga-Rankuwa Magistrate's court dropped the charges against 279 miners who were arrested during the violence.

Charges were dropped because the State would have been unable to prove their cases if the matter went to trial.

The accused had faced charges of public violence, illegal gathering, possession of dangerous weapons and intimidation.

Initially, they also faced charges related to murder but these were provisionally withdrawn by the court.

Nzuza said the dropped charges were evidence that people were arrested "for nothing".

"They were arrested and tortured and then there was no case against them after they attended the case for two years," he said.

"It makes me feel bad because now we can see that there was no truth in what they were arrested for," he said.

It was also hurtful to know that many of his colleagues died but had done nothing wrong, said Nzuza.

The commission, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people killed during the strike-related unrest in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police on August 16, 2012. Over 70 people were wounded and over 200 were arrested. Police were apparently trying to disperse them.

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


Source : Sapa /nsm/jk/jje/lp
Date : 27 Aug 2014 12:45

 

[LazyLion]

FARLAM TO VISIT MARIKANA

Several areas linked to the August 2012 shooting of Lonmin mineworkers will be inspected next week, the Farlam Commission of Inquiry announced on Monday.

"We are confining our attention to the events of the 16th [August 2012]. We anticipate that it will probably take us the whole day," inquiry chairman retired judge Ian Farlam said at the public hearings in Pretoria.

"Parties are requested to communicate with evidence leaders which spots they would want to be inspected by close of business on Wednesday. We have held other inspections earlier."

The inspection in loco would be held next Monday.

The commission is investigating the deaths of 44 people during strike-related unrest at Lonmin's platinum mine in Marikana, North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police on August 16. Over 70 people were wounded and over 200 were arrested. 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.

During an October 2012 inspection, Farlam and his team were led by two North West crime scene experts around the area where the 34 were shot dead.

Warrant Officer Patrick Thamae pointed out where bodies were found near the hill where the mineworkers had assembled in the days leading up to August 16.

Another inspection was done in March 2013 near Lonmin's K3 shaft. The commission's members retraced the steps of miners and police officers on August 13.

On that day Warrant officers Hendrick Tsietsi and Sello Ronnie Lepaaku were hacked to death in a confrontation with protesting mineworkers.


Source : Sapa /jm/th/jk/lp
Date : 01 Sep 2014 11:57

 

[LazyLion]

DISARMING ATTEMPT 'NOT SOUND': EXPERT

Attempts to disarm striking miners at Marikana in August 2012 were not "operationally sound", a public order policing expert told the Farlam Commission of Inquiry on Wednesday

"If it had been operationally sound to do it on that day, then it should have been done," Gary White told the commission's hearings in Pretoria.

White, a former chief superintendent with Northern Ireland's police, was asked by the SA Human Rights Commission to provide a professional analysis of the Marikana shootings.

"My point all along has been that it was not operationally sound to do it [attempting to disarm the thousands of protesters]. Perhaps it could have waited," White said to questioning by Ishmael Semenya, for the police.

Semenya said there had been a clear instruction to police officers at Marikana to disarm the protesting miners on August 16, 2012.

White responded: "That has been my point, I question the how and when."

The inquiry, 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, North West, two years ago.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police, more than 70 were wounded, and 250 were arrested on 16 August 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.

Semenya said if it was established that the use of stun grenades and teargas provoked an attack on police on August 13, then the officers were left with limited non-lethal methods to manage the protesters.

On that day Warrant Officers Hendrick Tsietsi and Sello Ronnie Lepaaku were hacked to death in a confrontation with protesting miners. Several protesters were killed.

White said in all crowd management situations, police had to expect their actions to provoke a response.

"From evidence, it appears the crowd was being escorted by police officers. An officer, it seems, fired stun grenades in advance of any fracas breaking out.

"That fracas perhaps came as a result of the use of inappropriate force," White said.


Source : Sapa /jm/th/lp/jk
Date : 03 Sep 2014 12:27

 

[LazyLion]

MORE COULD HAVE BEEN DONE TO AVOID MARIKANA SHOOTING: WITNESS

More should have been done to encourage dialogue in the days before the August 2012 Marikana shootings, the Farlam Commission of Inquiry heard on Friday.

"I know of a number of people who endeavoured to try and do so [avoid the fatal confrontation between police and strikers]. I think the last person in that line was Bishop Jo Seoka," international law enforcement expert Cees de Rover told the inquiry in Pretoria.

"I am particularly looking at the 13th and 14th [August 2012] because those were days of relative calm. That's a missed chance of attempts at getting constructive dialogue going.

The Anglican Bishop of Pretoria was one of the religious leaders who mediated in talks between striking miners and Lonmin mine management.

The inquiry, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during a violent wage strike at Lonmin's platinum mining operations at Marikana, near Rustenburg, North West, two years ago.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police, more than 70 were wounded, and 250 were 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.

On Friday, De Rover said in his experience, without constant dialogue, engagements tended to turn confrontational.

"I have worked long with the United Nations, the core principle in any relationship is to try and maintain constructive dialogue," he said.

It was problematic that the South African community seemingly accepted the high crime levels and violence, said De Rover, who started off his career in the Dutch police force in 1980.

"I have been in your country for one and a half years and the last time I went home it took me a week to get back to normality. [To understand that] I don't have to lock my doors, that it's all right to leave the keys in my car.

There were 1.2 million registered private security officers in the country.

"That's a demonstration of how safe your country is and an indication of how well your law enforcement is doing. They [private security] charge you for a service the police should give for free," said De Rover.

Different sectors of society, including "people in government and individuals on the street" could have foreseen the possibility of catastrophe when images of "armed people outraged" were shown in the media in the days leading up to August 16, 2012, he said.

De Rover has submitted expert analysis of the Marikana shootings on behalf of the SA Police Service.

His resume indicates that he has "over 25 years experience in policing and international developments".

He has worked with police forces in more than 60 countries.

In his analysis, he described himself as an independent expert and said his opinions were based on international legal standards which applied to law enforcement.


Source : Sapa /jm/jk/lp
Date : 05 Sep 2014 12:10

 

[LazyLion]

SAPS POORLY TRAINED TO JUDGE SCENARIOS: EXPERT

Despite a theoretical awareness of firearm usage, SAPS members lack experience in determining the appropriateness of using firearms, the Farlam Commission of Inquiry heard on Friday.

Michelle le Roux, for the SA Human Rights Commission, asked international law enforcement expert Cees de Rover to explain to the commission whether members of the SA Police Service had adequate proficiency to determine a threat before using force.

"Are you aware of whether the SAPS firearm training, in addition to testing accuracy, also tests judgment? Does it include the ability to distinguish between a threat and a non-threat?" Le Roux asked at the commission's public hearings in Pretoria.

De Rover responded: "What I see concerns me, because I don't think SAPS training in elements is an adequate reflection of the threats and the real circumstances policing here puts on officers.

"I think they are poorly prepared. That aspect of judgment is taught to them but acting in proportionality means nothing if you can't act proportionately when the situation occasions," he said.

The inquiry, chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during a violent wage strike at Lonmin's platinum mining operations at Marikana, near Rustenburg, North West, two years ago.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police, more than 70 were wounded, and 250 were 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.

On Friday, Le Roux asked De Rover whether in internationally accepted policing principles, officers should consider retreating before using lethal force.

De Rover agreed.

Le Roux went on: "Do you agree with Lieutenant Colonel Scott's view that once it was clear that the strikers had holed themselves up in koppie [hill] three, it was preferable [for police] to retreat rather than firing 295 live rounds into the koppie?" Le Roux asked.

De Rover responded: "Absolutely."

De Rover, who started off his career in the Dutch police force in 1980, has submitted expert analysis of the Marikana shootings on behalf of SAPS.

His resume indicates that he has "over 25 years' experience in policing and international developments".

He has worked with police forces in more than 60 countries.

In his analysis, he described himself as an independent expert and said his opinions were based on international legal standards which applied to law enforcement.

On Monday, the inquiry will inspect several areas in Marikana linked to the August 2012 shooting.


Source : Sapa /jm/jk/lp/ar
Date : 05 Sep 2014 15:17

 

[LazyLion]

INSULTS AT MARIKANA INSPECTION

Miners shouted obscenities at a woman wearing a red National Union of Mineworkers T-shirt when she joined the Farlam Commission of Inquiry's inspection in loco in Marikana, North West, on Monday.

"Voetsek [bugger off]. **** you," the miners shouted at the woman, who took cover among police officers.

The commission's chairman, retired judge Ian Farlam intervened, telling the miners to "cut the nonsense".

"I am in charge of this inquiry and this is a public place. Everyone is free to wear what they want. You have your Amcu [Association of Mineworkers and Construction Union] T-shirts on," he said.

Police warned the miners that they could be charged with intimidation. No arrests were made.

The commission is investigating the deaths of 44 people during unrest at Lonmin's platinum mine in Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police on August 16. More than 70 people were wounded and more than 200 were arrested. The police were apparently trying to disarm and disperse them at the time.

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

Earlier this month, Farlam said Monday's inspection would focus only on areas linked to the shootings on August 16.

"We are confining our attention to the events of the 16th [August 2012]. We anticipate that it will probably take us the whole day," he said.

Several police Nyalas (armoured vehicles) and a water cannon were at the hill where the miners were shot. A helicopter hovered overhead.

During an on the scene inspection in October 2012, two North West crime scene experts led Farlam and his team around the area where the 34 were shot dead.

Warrant Officer Patrick Thamae pointed out where bodies were found near the hill where the mineworkers had assembled in the days leading up to August 16.

Another inspection was held in March 2013 near Lonmin's K3 shaft. The commission's members retraced the steps of miners and police officers on August 13.

On that day, Warrant officers Hendrick Tsietsi and Sello Ronnie Lepaaku were hacked to death in a confrontation with protesting mineworkers.


Source : Sapa /jm/gf/lp/cls/jje
Date : 08 Sep 2014 13:11

 

[LazyLion]

FARLAM INSPECTS MARIKANA

A large crowd of lawyers, police officers, journalists and evidence leaders gathered in Marikana, North West, on Monday for an inspection "in loco" by the Farlam Commission of Inquiry.

A lengthy convoy formed along the dusty Lonmin Platinum mine roads as the team moved through areas related to the August 2012 shooting of Marikana miners during a strike.

It was led by retired judge Ian Farlam, who chairs the inquiry, and drove to several areas spoken about during the probe into the shootings.

Several police Nyalas (armoured vehicles) and a water cannon were at the hill where the miners were shot. A helicopter hovered overhead.

Earlier this month, Farlam said the inspection would focus only on areas linked to the shootings on August 16.

"We are confining our attention to the events of the 16th [August 2012]. We anticipate that it will probably take us the whole day," he said.

"Parties are requested to communicate with evidence leaders which spots they would want to be inspected by close of business on Wednesday. We have held other inspections earlier."

The commission is investigating the deaths of 44 people during unrest at Lonmin's platinum mine in Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police on August 16. More than 70 people were wounded and more than 200 were arrested. The police were apparently trying to disarm and disperse them at the time.

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

During an inspection in October 2012, two North West crime scene experts led Farlam and his team around the area where the 34 were shot dead.

Warrant Officer Patrick Thamae pointed out where bodies were found near the hill where the mineworkers had assembled in the days leading up to August 16.

Another inspection was held in March 2013 near Lonmin's K3 shaft. The commission's members retraced the steps of miners and police officers on August 13.

On that day, Warrant officers Hendrick Tsietsi and Sello Ronnie Lepaaku were hacked to death in a confrontation with protesting mineworkers.


Source : Sapa /jm/jje/cls/ar
Date : 08 Sep 2014 11:52

 

[LazyLion]

MARIKANA INSPECTION CALLED OFF

The Farlam Commission of Inquiry's inspection in loco was abruptly called off on Monday, due to security concerns.

"I cannot continue with the commission, in the absence of other people. I have no option but to terminate the proceedings now," said the commission's chairman, retired judge Ian Farlam.

"I am very reluctant to do what I am doing. Whether there will be another inspection in loco will be discussed with the legal representatives of the parties, evidence leaders and the commissioners."

He was addressing a crowd consisting of several lawyers, Lonmin mineworkers, widows of slain miners, journalists and police officers.

Farlam's ruling followed an altercation in which the miners shouted obscenities at a woman wearing a red National Union of Mineworkers T-shirt when she joined the inspection in Marikana, North West.

"Voetsek [bugger off]. **** you," the miners shouted at the woman, who took cover among police officers.

Farlam intervened, telling the miners to "cut the nonsense".

"I am in charge of this inquiry and this is a public place. Everyone is free to wear what they want. You have your Amcu [Association of Mineworkers and Construction Union] T-shirts on," he said.

Police warned the miners that they could be charged with intimidation. No arrests were made.

The mineworkers were relentless in their attacks and the woman and NUM lawyers left.

Farlam said he had also been informed that a police witness, scheduled to point out some spots, also felt intimidated after the incident involving the NUM member.

"It will be remembered that when it was drawn to my attention that the NUM representative was being told to leave, I spoke out very strongly about it.

"Despite what I said, the intimidation continued. Thank you very much, the proceedings are terminated," said Farlam.

The commission is investigating the deaths of 44 people during unrest at Lonmin's platinum mine in Marikana in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police on August 16 during a strike at Lonmin Platinum. More than 70 people were wounded and more than 200 were arrested. The police were apparently trying to disarm and disperse them at the time.

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

Earlier this month, Farlam said Monday's inspection would focus only on areas linked to the shootings on August 16.

"We are confining our attention to the events of the 16th [August 2012]. We anticipate that it will probably take us the whole day," he said.

Several police Nyalas (armoured vehicles) and a water cannon were at the hill where the miners were shot. A helicopter hovered overhead.

Before the termination of the inspection in loco, the commission had visited several places near the Marikana koppies. Commissioners were also shown how a police water cannon worked, with the cannon spraying gushes of water onto an open field.


Source : Sapa /jm/jje/ar/lp
Date : 08 Sep 2014 14:55

 

[LazyLion]

FARLAM INQUIRY ACCUSED OF NUM ALIGNMENT

Lonmin mineworkers have accused the Farlam Commission of Inquiry of being affiliated to the National Union of Mineworkers, commissioner Bantubonke Tokota said on Tuesday.

"While we were leaving, we were labelled as NUM people. It was also said we were there to waste time. This was said in Xhosa by the miners. I know who they are but won't divulge their names," Tokota said at the inquiry in Pretoria.

Inquiry chairman Ian Farlam abruptly cancelled an inspection in loco at Marikana, near Rustenburg, on Monday because of security concerns.

"I have no option but to terminate the proceedings now," he said.

"I am very reluctant to do what I am doing. Whether there will be another inspection in loco will be discussed with the legal representatives of the parties, evidence leaders and the commissioners."

He was addressing a large crowd of lawyers, Lonmin mineworkers, widows of slain miners, journalists, and police officers.

Farlam's decision followed an altercation during which miners shouted obscenities at a woman, Helen Diatile, wearing a red NUM T-shirt when she joined the inspection.

"Voetsek [bugger off]. **** you," miners shouted at the woman, who took cover among police officers.

Farlam intervened, telling the miners to "cut the nonsense".

"I am in charge of this inquiry and this is a public place. Everyone is free to wear what they want. You have your Amcu [Association of Mineworkers and Construction Union] T-shirts on," he said.

Police warned the miners that they could be charged with intimidation. No arrests were made.

The mineworkers were relentless in their attacks and Diatile and NUM lawyers left.

Most of the Lonmin miners wore Amcu regalia.

On Tuesday, NUM lawyer Karel Tip SC said cases of intimidation had been opened at the Marikana police station.

"The matter will have to be investigated through those channels," said Tip.

Dali Mpofu, for the arrested and injured Lonmin miners, said even though he was not at Marikana on Monday, he was briefed about the incident.

"I have also had a discussion with some of the clients. From what I have heard already, there is some history and context to the events of yesterday," said Mpofu.

"One should not jump into conclusions. If charges have been laid, it means maybe, hopefully, one day the matter will be properly ventilated in an appropriate forum."

Meanwhile, Mpofu said he had "good news".

"The appeal lodged by Legal Aid SA against the decision to fund the strikers (lawyers) was dismissed yesterday. There is light at the end of the tunnel," he said.

Mpofu attended the hearing funding case in the Supreme Court of Appeal in Bloemfontein on Monday.

The three-member Farlam Commission is holding public hearings into the Marikana shootings. The other commissioner is senior advocate Pingla Hemraj.

Thirty-four people, mostly striking miners, were shot dead on August 16, 2012, and 78 were wounded when the police fired on them while trying to disperse and disarm a group which had gathered on a hill near Lonmin's platinum mining operations.

In the preceding week, 10 people, including two policeman and two security guards, were killed near the mine.

President Jacob Zuma appointed the commission in August 2012.

On Tuesday, Lonmin marketing director Albert Jamieson took the stand.


Source : Sapa /jm/cls/th/jje
Date : 09 Sep 2014 10:40

 

[LazyLion]

LONMIN RECKLESS AT MARIKANA: PILLAY

Lonmin acted irresponsibly in the period leading up to the August 2012 shooting of its employees, the Farlam Commission of Inquiry heard on Tuesday.

"It is important for me to pursue this point. We must be clear that it was not impossible for Lonmin to instruct workers to stop coming to work," evidence leader Kameshni Pillay said at the inquiry in Pretoria.

She said the families of slain miners Julius Langa and Eric Mabebe had asked her to put the questions to Lonmin marketing director Albert Jamieson, who is the most senior Lonmin executive to testify so far.

"We have seen that that is what management was contemplating at one point. The situation was out of control and Lonmin wasn't able to protect the workers that were coming to work," she said.

"It was reckless for Lonmin to either encourage workers to come to work or not to discourage them from coming to work in those circumstances. Lonmin was aware of the dire threat to the lives and safety of workers coming to work."

Jamieson said he was not involved in this decision-making.

"I would imagine, because I wasn't involved, those decisions and recommendations were made by the people at the mine. I can only presume that it was prudent to keep things going. I can't sa anything more than that," he said.

Pillay said Jamieson's response was "not an answer".

Moving on, Pillay focused on an e-mail penned by Jamieson to his Lonmin colleagues on August 14, 2012.

"In that e-mail you are responding to notification that a 10th person had been killed. That person is presumably Mr (Isaiah) Twala, who was killed at the koppie [hill]," said Pillay.

"The e-mail says his body was 'close to the hill were the criminals meet daily'. Is that an indication of how middle management and possibly even the exco [Lonmin executive committee] view people gathered at the koppie?" she asked.

Jamieson responded: "Clearly it is. It's written there. Criminal activity is how it was being described."

Police witness, Mr X, told the inquiry in June that Twala was shot by fellow protesters when he was found in possession of a cellphone on August 14, 2012.

Mr X, who may not be identified to protect his identity, said it was alleged Twala was using his cellphone to send information to the rival National Union of Mineworkers (NUM).

Twala's body was found by police on the side of the hill with a bull's skull on his chest.

Mr X said Twala was a shop steward for the NUM at the mine's Karee shaft.

The three-member commission, which is chaired by Farlam, is holding public hearings into the 2012 Marikana shootings. The other commissioners are senior advocates Pingla Hemraj and Bantubonke Tokota.

Thirty-four people, mostly striking miners, were shot dead on August 16, 2012, and 78 were wounded when the police fired on them while trying to disperse and disarm a group which had gathered on a hill near Lonmin's platinum mining operations.

In the preceding week, 10 people, including two policeman and two security guards, were killed near the mine.

President Jacob Zuma appointed the commission in August 2012.


Source : Sapa /jm/cls/jje/lp
Date : 09 Sep 2014 15:39

 

[LazyLion]

LESS LETHAL GUNS ON THE WAY: PHIYEGA

National police commissioner Riah Phiyega was questioned on Wednesday about the use of the deadly R5 assault rifles in public order management.

"Is it correct that even in every unit of the POP (public order policing unit), who are normally armed with non-lethal weapons, there would be one person with an R5?" chairman of the inquiry, retired judge Ian Farlam asked in Pretoria.

Phiyega agreed.

"In the light of the advice you got (from international policing expert Cees de Rover) in February or March 2013, do you accept that it is irresponsible to proceed with the use of weapons of that kind in operations of that sort?" Farlam asked.

Phiyega disagreed and said the use of weapons took into account the level of threat.

"It is important for us to ensure that police are equipped to be able to manage the threat that would have been assessed adequately," she said.

"For now, the R5 remains. We are looking at additional research, looking at less lethal weapons we can use. When we get to a point where we get a less lethal weapon, we shall do so."

Farlam asked if police units, including the POP, continue to use the R5 rifles, especially after the shooting in Marikana of protesting Lonmin mineworkers.

"Even the POP people have the 9mm pistols. Those are lethal. The problem with the R5 is that, did you know that, the bullet normally disintegrates after hitting someone, with a high prospect of fatal injury even after hitting someone in the leg?" Farlam asked.

Phiyega said she had been informed.

"The R5s have been part and parcel of our deployments based on the level of threat. We are in the process of evaluating our armaments to ensure that we can get less lethal weapons.

The evaluation was happening with the Council for Scientific and Industrial Research.

De Rover, who started his career with the Dutch police in 1980, has submitted expert analysis of the Marikana shootings on behalf of the SA Police Service.

According to his resume he has over 25 years' experience in policing and international developments and has worked with police forces in more than 60 countries.

The commission is investigating the deaths of 44 people during the strike-related violence at Lonmin's Marikana mine.

Police opened fire on a group of striking mineworkers, killing 34 people on August 16, 2012. Around 70 people were injured while over 200 were arrested. Police claimed they were trying to disperse and disarm them.

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


Source : Sapa /jm/jje/lp/th
Date : 10 Sep 2014 13:39

 

[LazyLion]

POLICE'S ROLE AT MARIKANA QUESTIONED

The police's role in the days before the shooting of 34 people at Marikana, in North West, in 2012 was in the spotlight at the Farlam Commission of Inquiry on Thursday.

Tembeka Ngcukaitobi, for the Legal Resources Centre, cross-examined Lonmin's former chief commercial officer Albert Jamieson at the public hearings in Pretoria.

"Would you agree with me that it would have been wrong for the police to be involved in the negotiations pertaining to the ending of the strike?" Ngcukaitobi asked.

Jamieson agreed.

"That is probably why you, personally, were not keen to get the police to be involved in that aspect of the dispute," said Ngcukaitobi.

Jamieson responded: "I didn't express any opinion on whether I thought they should get involved. I was never asked."

Ngcukaitobi said the statements of several senior police officers at Marikana, including major generals Charl Annandale and Ganasen Naidoo, showed they understood their role to be ending the mineworkers' strike.

Quoting Annandale's statement, Ngcukaitobi read: "The [police] negotiators were tasked to encourage the protesters to return to their work stations. Mine management would engage with the miners about the labour matters."

Jamieson said he had a different understanding of the police's role. He said apart from maintaining law and order, he did not have any other understanding of the police's role during the strike.

The commission, which is chaired by retired judge Ian Farlam, is investigating the deaths of 44 people during unrest near Lonmin's Marikana mine.

Police opened fire on a group of mostly striking mineworkers, killing 34 of them on August 16, 2012. Around 70 people were injured and more than 200 were arrested. Police claimed they were trying to disperse and disarm them.

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

In his sworn statement to the inquiry, Jamieson said he had expressed concern prior to August 16 that the strike would not be resolved without the heightened involvement of the police and the army.

He expressed "deepest sympathy" to all the families which lost members during the Marikana shootings.


Source : Sapa /jm/cls/lp
Date : 11 Sep 2014 12:15

 

[LazyLion]

MARIKANA INQUIRY BEGINS FINAL LAP

The Farlam Commission of Inquiry investigating the deaths of 44 people in strike-related violence at Marikana in August 2012 started hearing final arguments on Wednesday.

Evidence leader Geoff Budlender, SC, said the commission's purpose was to make findings on accountability, help with the healing process, and help ensure "this never happens again".

He urged the commissioners not to look at the evidence before the inquiry in terms of narrow legal liability.

"Did role players act as they should have? If the inquiry ends there [criminal liability]... it has only gone halfway down the road. Was it [the] appropriate thing to do?" Budlender asked.

At the end of last month, President Jacob Zuma granted the commission its final extension. Public hearings, which began in October 2012, have to be completed by next Friday.

After the arguments, the commission will have until March 30, 2015 to write its report and then hand the findings to Zuma.

The commission is investigating the deaths of 44 people during the unrest at Lonmin's platinum mining operations in Marikana, North West, in August 2012.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with police on August 16. The 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.

Budlender said: "Whatever reason [the] shooters fired, presume it was lawful, that doesn't end the inquiry, because if the operation was the result of reckless planning or poor planning, the SA Police Service (SAPS) would be responsible, even if the shooters lawfully fired."

Regarding the killings the week before August 16, Budlender argued the same principle should apply.

"The leaders of strike, even if not legally responsible for the murders... did not prevent what the strikers did."

Budlender said the inquiry needed to consider what had likely happened on a balance of probabilities, and where there was insufficient evidence for this the commission should include its "reasonable suspicions" in its report to the president.

"The commission's task is complicated, as there is reason to doubt the truthfulness of some witnesses."

Budlender said that for him this was "one of the most dispiriting aspects of the commission".

He argued that the police's key witness, identified only as Mr X, appeared to have been less than truthful in some aspects of his testimony.

Mr X, whose identity is being protected as he fears for his life, claimed he was one of a core group of militant strikers who allegedly ingested human remains during a muti ritual they believed would make them invulnerable ahead of the August 16 confrontation with police.

Budlender said it appeared Mr X was biased against the Association of Mineworkers and Construction Union (Amcu).

He submitted that Mr X had, among other things, "invented" the story of Amcu president Joseph Mathunjwa visiting the koppie in Marikana where the strikers had gathered on the night of August 14.

He argued that Mr X tailored evidence to fit the SAPS's case and his own purposes.

"The problem is you don't know when he is inventing and when he is telling the truth. We don't say all of the evidence of Mr X is a lie.

"The SAPS response to this [is] not entirely clear," he said.

Some of Mr X's evidence was corroborated elsewhere, he added.

"One just doesn't know what he was told and what he was trying to do."


Source : Sapa /mjs/jk/th
Date : 05 Nov 2014 12:10