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| Marikana: Policeman accuses fellow officer of killing wounded miner | Marikana: Policeman accuses fellow officer of killing wounded miner |
| (17 days later) | |
| On a hot autumn day, South Africa's remarkably obdurate police chief Riah Phiyega ducked and dived questioning at the commission investigating the Marikana massacre, when police killed 34 striking mine workers. | On a hot autumn day, South Africa's remarkably obdurate police chief Riah Phiyega ducked and dived questioning at the commission investigating the Marikana massacre, when police killed 34 striking mine workers. |
| Question after question was evaded by the visibly uncomfortable police boss, as she sought to respond with one-word answers to questioning from an increasingly frustrated head evidence leader, advocate Mbuyiseli Madlanga. | Question after question was evaded by the visibly uncomfortable police boss, as she sought to respond with one-word answers to questioning from an increasingly frustrated head evidence leader, advocate Mbuyiseli Madlanga. |
| It was just before lunch that Madlanga dropped a bomb. He had spent the morning weaving a web of Phiyega's making, to ensure that she was indeed standing by her statement on 17 August, the day after the massacre, when she claimed the police were acting in self-defence, and upholding public safety. The police commissioner insisted that she had been told nothing, and seen nothing, to change her mind on that matter. | It was just before lunch that Madlanga dropped a bomb. He had spent the morning weaving a web of Phiyega's making, to ensure that she was indeed standing by her statement on 17 August, the day after the massacre, when she claimed the police were acting in self-defence, and upholding public safety. The police commissioner insisted that she had been told nothing, and seen nothing, to change her mind on that matter. |
| Then Madlanga read a statement by a policeman in the dog squad, Warrant Officer Hendrich Wouter Myburgh. Myburgh said that he and officers from the National Intervention Unit (NIU) were at shot by miners as they approached the scene, and so stopped, finding cover. When the gunfire had quietened down, he advanced into the "koppies" (small hills) and "found three injured people lying down and (I) turned away from them, searching for other suspects. I suddenly heard a gunshot behind me, as I turned I saw a NIU constable who is unknown to me putting his side firearm in his leg holster while he was standing next to the injured I first met, who was having a jersey wrapped around his arm. I asked the NIU constable what is going on, he replied by saying 'they deserve to die' and he moved away." | Then Madlanga read a statement by a policeman in the dog squad, Warrant Officer Hendrich Wouter Myburgh. Myburgh said that he and officers from the National Intervention Unit (NIU) were at shot by miners as they approached the scene, and so stopped, finding cover. When the gunfire had quietened down, he advanced into the "koppies" (small hills) and "found three injured people lying down and (I) turned away from them, searching for other suspects. I suddenly heard a gunshot behind me, as I turned I saw a NIU constable who is unknown to me putting his side firearm in his leg holster while he was standing next to the injured I first met, who was having a jersey wrapped around his arm. I asked the NIU constable what is going on, he replied by saying 'they deserve to die' and he moved away." |
| When Madlanga questioned Phiyega, she said that she was aware of the statement but that Myburgh had just made an allegation. Asked what she had done about it, she said that the incident had first been reported to Myburgh's commanding officer, Major General Ganasen Naidoo. The following day Myburgh repeated his tale to Phiyega, Naidoo and deputy police commissioner for the North West province, Lt Gen Mbombo. After this meeting, Phiyega said it was the responsibility of Naidoo and Mbombo to investigate further. The only result was that a statement was taken from Myburgh and sent to the Independent Police Investigative Directorate. | When Madlanga questioned Phiyega, she said that she was aware of the statement but that Myburgh had just made an allegation. Asked what she had done about it, she said that the incident had first been reported to Myburgh's commanding officer, Major General Ganasen Naidoo. The following day Myburgh repeated his tale to Phiyega, Naidoo and deputy police commissioner for the North West province, Lt Gen Mbombo. After this meeting, Phiyega said it was the responsibility of Naidoo and Mbombo to investigate further. The only result was that a statement was taken from Myburgh and sent to the Independent Police Investigative Directorate. |
| It seems that everyone was rather relieved that Myburgh had said he could not recognise the NIU constable, and had not seen his name tag. The police did not investigate further. Phiyega said it was very difficult to pursue the inquiries. | It seems that everyone was rather relieved that Myburgh had said he could not recognise the NIU constable, and had not seen his name tag. The police did not investigate further. Phiyega said it was very difficult to pursue the inquiries. |
| Yet the evidence leaders of the commission had no such difficulty. Madlanga introduced police records of which officers had discharged which weapons that day. The records indicate that there were only four NIU members who fired 9mm pistols at Scene 2, Small Koppie. Of those four, only two were constables, Mkhululi Halam and Sebenzile Thafeni. Halam is said to have fired three 9mm rounds, and Thafeni two. | Yet the evidence leaders of the commission had no such difficulty. Madlanga introduced police records of which officers had discharged which weapons that day. The records indicate that there were only four NIU members who fired 9mm pistols at Scene 2, Small Koppie. Of those four, only two were constables, Mkhululi Halam and Sebenzile Thafeni. Halam is said to have fired three 9mm rounds, and Thafeni two. |
| Naidoo's statement of that day says that he formed the men under his command into a line, and describes how they took cover while under fire at one stage. It corresponds with Myburgh's statement, with some embellishments about who was firing at the police. Yet Naidoo does not report on an incident similar to Myburgh's. In fairness, and in the chaos of the day, they might have not shared all the same experiences. | Naidoo's statement of that day says that he formed the men under his command into a line, and describes how they took cover while under fire at one stage. It corresponds with Myburgh's statement, with some embellishments about who was firing at the police. Yet Naidoo does not report on an incident similar to Myburgh's. In fairness, and in the chaos of the day, they might have not shared all the same experiences. |
| What is even more astonishing in Myburgh's affidavit is that he states: "I did not inform anybody immediately after the shooting incident as I did not regard this shooting incident as that serious; as I only became aware that it is serious after we were briefed that all bodies found on the hill were to be accounted for by all responsible. I then decided to report all that I witnessed on that day." | What is even more astonishing in Myburgh's affidavit is that he states: "I did not inform anybody immediately after the shooting incident as I did not regard this shooting incident as that serious; as I only became aware that it is serious after we were briefed that all bodies found on the hill were to be accounted for by all responsible. I then decided to report all that I witnessed on that day." |
| Myburgh did not consider the cold-blooded murder of a wounded man as "that serious"? Does this insight into his state of mind reflect that of the other policeman at Marikana that day? That murder is okay? Did they think it was a hunt, and there were to be no consequences? If they did believe this, what led them to think that? | Myburgh did not consider the cold-blooded murder of a wounded man as "that serious"? Does this insight into his state of mind reflect that of the other policeman at Marikana that day? That murder is okay? Did they think it was a hunt, and there were to be no consequences? If they did believe this, what led them to think that? |
| So, as the commission closed the police chief's testimony for the week, she stood by her statement that her officers were acting in self-defence, based on what she knew at the time. That time being 17 August. Yet by her own evidence, on 2 October, she heard from a warrant officer that he had witnessed another policeman murder a wounded miner lying on the ground. This has never entered the narrative of the police, nor has the police commissioner ever changed her stance. | So, as the commission closed the police chief's testimony for the week, she stood by her statement that her officers were acting in self-defence, based on what she knew at the time. That time being 17 August. Yet by her own evidence, on 2 October, she heard from a warrant officer that he had witnessed another policeman murder a wounded miner lying on the ground. This has never entered the narrative of the police, nor has the police commissioner ever changed her stance. |
| Let us not forget that Poloko Tau's report in The Star newspaper last year when told us of witnesses seeing policemen executing wounded miners. Let us not forget the Daily Maverick's own articles about the murder, in August and September of 2012, or the Carte Blanche programme on the killings at Small Koppie. There is no shortage of material that the commissioner could have used to fully inform herself. | Let us not forget that Poloko Tau's report in The Star newspaper last year when told us of witnesses seeing policemen executing wounded miners. Let us not forget the Daily Maverick's own articles about the murder, in August and September of 2012, or the Carte Blanche programme on the killings at Small Koppie. There is no shortage of material that the commissioner could have used to fully inform herself. |
| If her answers continue in this vein, if she remains resolute that police acted only in self-defence, even when she was in possession of facts that might indicate otherwise, even the most ardent police supporter would have to agree that the commission can only find Phiyega unfit to hold office. | If her answers continue in this vein, if she remains resolute that police acted only in self-defence, even when she was in possession of facts that might indicate otherwise, even the most ardent police supporter would have to agree that the commission can only find Phiyega unfit to hold office. |
| Let us look at her statements to the commission. Her first, unsigned statement does not mention Police Minister Nathi Mthetwa at all. Her second, official statement, says that when it was decided by the operational command to go to stage three (the so-called "tactical phase"), she immediately informed the minister. Her final word on this was when she amended the submitted statement by hand, on the stand, today. There, she says that she only informed the minister afterwards. She further amended that statement from saying that the minister ordered her to Marikana, to that she had told the minister she was going to Marikana. | Let us look at her statements to the commission. Her first, unsigned statement does not mention Police Minister Nathi Mthetwa at all. Her second, official statement, says that when it was decided by the operational command to go to stage three (the so-called "tactical phase"), she immediately informed the minister. Her final word on this was when she amended the submitted statement by hand, on the stand, today. There, she says that she only informed the minister afterwards. She further amended that statement from saying that the minister ordered her to Marikana, to that she had told the minister she was going to Marikana. |
| There is a clear and orchestrated cover-up, from the national police commissioner, to the provincial police commissioner to the operational commander, of the fact that at least one member of the SAPS said that he witnessed a murder. Besides not opening a murder docket, none of these people we are meant to entrust with our safety informed the Farlam Commission or veered from the line that all, all, the miners' deaths at Marikana were because police had to defend themselves. | There is a clear and orchestrated cover-up, from the national police commissioner, to the provincial police commissioner to the operational commander, of the fact that at least one member of the SAPS said that he witnessed a murder. Besides not opening a murder docket, none of these people we are meant to entrust with our safety informed the Farlam Commission or veered from the line that all, all, the miners' deaths at Marikana were because police had to defend themselves. |
| General Riah Phiyega is acting like a spokeswoman for whatever line her career police officers tell her to toe. She is a cheerleader for the "boys in blue", as opposed to their leader. She has swallowed hook, line and sinker the porridge fed her by the cops investigating the Marikana massacre, the very same cops who were in command on the day. | General Riah Phiyega is acting like a spokeswoman for whatever line her career police officers tell her to toe. She is a cheerleader for the "boys in blue", as opposed to their leader. She has swallowed hook, line and sinker the porridge fed her by the cops investigating the Marikana massacre, the very same cops who were in command on the day. |
| Her neo-silence tells us more than she, and the state that stand behind her, ever openly will. She was clearly acting on orders from above, and she has been told to hold the line, to not let the dirt of the death of 34 miners besmirch her political masters. | Her neo-silence tells us more than she, and the state that stand behind her, ever openly will. She was clearly acting on orders from above, and she has been told to hold the line, to not let the dirt of the death of 34 miners besmirch her political masters. |
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