With muti, Marikana mineworkers believed they were invincible

Police at Marikana
Police at Marikana after the shooting

Police crime intelligence gathered information that protesting Marikana mineworkers had performed muti rituals and believed they were invincible before the August 16 shootings last year.

Brigadier Adriaan Calitz told the Farlam Commission of Inquiry in Centurion on Tuesday that even though the strikers believed they were invincible police had to intervene to curb the violent strike.

“We had received intelligence that there was this story around the muti and these people believed that the police would not be able to do anything to them. They believed that their [police] weapons would not be able to do anything.

“The police are being subjected to such things on a daily basis, for example in the cash-in-transit robberies. People use muti and believe that nothing will happen to them. At the end of the day, we had to act,” he said.

Calitz was one of the police commanders assigned to the operation during the labour unrest at Lonmin’s platinum mining operations at Marikana, near Rustenburg in North West last year.

He said the police had been threatened and told to leave the Marikana koppie (hill), where the strikers had gathered, six times in the hours before the shooting.

Ishmael Semenya, for the police, asked Calitz to explain whether police were sure that methods like verbal orders, use of stun grenades, water cannon, rubber bullets, and the display of force would not have caused the protesters to disperse from the koppie.

Calitz said: “From my own experience based on around 20 years in charge of the POP (public order policing), it is not the first time I was giving instructions for dispersal. These methods [the water cannon, stun grenades, and verbal orders] always work correctly.

“People [protesters] take the easiest way out to avoid being shot or being arrested.”

He rubbished claims that the mineworkers “misunderstood” the purpose of barbed wired, which led to the chaotic confrontation.

“It [the rolling out of barbed wire] was not misunderstood. The purpose of the barbed wire had been explained to them. It [the confrontation] was a deliberate action by protesters,” said Calitz.

On Monday, Calitz told the commission he was unaware that mineworkers “lying around” after the encounter with police were dead.

In a sworn statement submitted to the commission, Calitz testified that due to the noise around the koppie, he had not heard the police tactical response team (TRT) firing live ammunition at the strikers.

“I contacted Lt-Col [Solomon] Vermaak on radio and inquired from him why the TRT was not following our dispersal action. He said he would go and check and later reported that the TRT were at the kraal and there were bodies lying around,” said Calitz.

“I thought, given my experience and the absence of such a report to me, that the bodies referred to people who were injured by the dispersion action or lying down to be arrested.”

Calitz detailed how he instructed officers to pursue protesters who were escaping in the northern and western directions. He urged the officers to arrest the fleeing protesters.

“I gave clear instructions over the radio to the dispersion group [police officers] ‘do not shoot unless the target engages you’. I repeated the instruction to ensure that members understood me clearly,” said Calitz.

“The shooting I was referring to [meant the use of] rubber rounds and not sharp ammunition. They were to use rubber only as a last resort if the armed strikers approached them with dangerous weapons.”

The three-member commission led by retired judge Ian Farlam is holding public hearings. The other commissioners are senior advocates Bantubonke Tokota and Pingla Hemraj.

Thirty-four people, mostly striking miners, were shot dead on August 16, 2012, and 78 were wounded when 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 last year.

Marikana inquiry continues

Retired judge Ian Farlam
Retired judge Ian Farlam

The Farlam Commission of Inquiry, which is investigating the deaths of 44 people during strike-related unrest at Lonmin’s platinum mine in Marikana last year, is expected to continue on Tuesday.

This follows the Constitutional Court ruling regarding funding for the legal teams representing the miners.

Thirty four people — almost all striking mineworkers — were killed on August 16 when police opened fire on them. Ten people, including two police officers, were killed in the preceding week.

On June 21 Dali Mpofu, for the miners, told the commission that due to financial constraints, it could be his last day representing the miners.

He brought an urgent court application in the High Court in Pretoria several weeks ago seeking funding, but this was dismissed.

Mpofu then took the State to the Constitutional Court, asking that it pay for his legal team.

The application was dismissed on Monday.

North West deputy police commissioner General William Mpembe on Monday told the Commission how his colleague was killed by striking miners.

“I couldn’t count how many [attackers] there were… There were plus minus five of them who attacked Monene,” testified Mpembe.

“They had pangas and knobkerries.”

Mpembe was being cross-examined by Takalani Masevhe, for the family of slain Warrant Officer Tsietsi Monene.

A second officer, Sello Lepaku, was also killed in the attack. – Sapa

Mining deaths a joke to police chief

Riah Phiyega

National Police Commissioner Riah Phiyega reportedly laughed and joked as footage of the killing of 34 miners in a clash with police was screened at the Farlam Commission of Inquiry, The Times reported on Wednesday.

Phiyega reportedly joked with a state law adviser as a prelude to the killings was screened at the Rustenburg Civic Centre.

Surrounded by her senior officers, Phiyega smiled as she watched.

It was only after screams of horror echoed across the room, as the footage was played without any warning, that Phiyega’s “humorous demeanour changed to that of an ice queen, blatantly ignoring the wailing families”, the report continued.

“…Phiyega stared straight ahead, ignoring a widow screaming at her for answers about her husband’s death,” the newspaper reported.

“Why did they do this? Why did your policemen kill my husband? What did he do?” the woman screamed at her.

Later she was seen comforting one of the widows of the two policemen killed ahead of the August 16 shooting.

Asked repeatedly for comment on why she did not help those upset, and what she had been joking about, Phiyega said: “I am not here for that. I am here for the commission and the commission only.”

Bishop Jo Seroka, a talks facilitator for the miners, said: “She sat there laughing and did nothing. You would expect a sense of remorse and empathy which was non-existent.” – Sapa

Marikana massacre scene inspected

A rock on Marikana Hill

By Genevieve Quintal and Jonisayi Maromo

A judicial inquiry into the shooting of striking Lonmin platinum workers at Marikana in August concluded an inspection on Monday of the hills where the workers were killed.

Two North West crime scene experts led retired judge Ian Farlam and his team around the area where 34 miners were shot dead by police.

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

A large crowd of observers and advocates representing the different parties followed Farlam and the experts.

Thamae pointed out the place where seven bodies were found. Another five were found next to a kraal, he said.

Farlam asked him to show the commission where barbed wire was rolled by police on the day of the shooting.

The commission was then taken a few hundred metres further, to where a single body had been found.

Thamae said the body was found “in the road”.

Cartridge cases of various calibres had been found near the body, he said.

He told the commission a number of R5 rifle and pistol cartridges were found lying in areas surrounding the hill, where police were believed to have been standing at the time of the shooting.

In another area, pistol cartridges and rubber bullets were discovered.

Another crime scene expert, Captain Apollo Mohlaki, led the commission in inspecting a small hill.

Mohlaki pointed out where bodies had been found.

He also showed the judge the place where traditional weapons recovered from the protesters were heaped.

The judge held an umbrella to shield himself from the sun as he was helped up the steep hill.

Large boulders on the hill were chipped by bullets.

The procession inspected other areas where other bodies and bullet cartridges were discovered. The locations had been marked with yellow paint.

Mohlaki pointed out bullet markings and drops of blood on some of the boulders surrounding the small hill.

A group of miners, arrested after the shooting and since released on bail, stood watching on the sidelines of the commission’s inspection. They would not talk to the media.

The workers are represented by advocate Dali Mpofu, who defended expelled ANC Youth League president Julius Malema during his disciplinary hearing.

During the inspection, Mpofu stopped to speak to his clients.

He told Farlam they wanted to point out that three or four helicopters had hovered over the scene on the day of the shooting.

Earlier, the mineworkers undertook their own scene inspection, separately from that of the judicial commission of inquiry.

A miner showed Association of Mineworkers and Construction Union (Amcu) leader Joseph Mathunjwa areas where striking mine workers were shot by the police.

He pointed to an area surrounded by rocks where a body was found, and indicated that the miner was shot from a helicopter above.

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Mathunjwa, wearing a white Amcu T-shirt, took photographs and asked questions.

Before the formal inspection started, residents from the nearby informal settlement approached the scene, singing struggle songs and carrying placards reading: “Don’t let the police get away with murder”.

The crowd shouted “amandla, awethu” while they danced.

A group of policemen stood watching.

The 34 miners were killed and 78 were wounded when police opened fire on them while trying to disperse a group of protesters near Lonmin’s platinum mine in Marikana in August.

Some reports since the event have suggested that several miners were shot dead among rocks a distance from where the police clashed with workers.

The commission’s inspection in loco continues on Tuesday, when the mine hostels, informal settlements and formal settlements will be visited.

The commission will also inspect shafts and any other areas deemed important to the inquiry. – Sapa