/ 14 March 2013

Phiyega begins testimony at Farlam commission

Riah Phiyega
Riah Phiyega

Dressed in a black skirt-suit, Phiyega took her seat shortly after 9.30am in the Rustenburg Civic Centre and was sworn in by the commission's chairperson, retired judge Ian Farlam.

On Thursday, the civic centre was the fullest it has been the whole week and more people were still arriving.

Phiyega was due to give evidence about the role played by the police in the events that led to the gunning down of striking mineworkers, which left 34 dead and 78 injured at Lonmin's platinum mine in Marikana.

Ten people, including two police officers and two security guards, were killed near the mine in the preceding week. Phiyega outlined her education and degrees and the areas of management for which she is responsible.

Advocate Ishmael Semenya, for the police, told the commission that section 207 of the Constitution gave the president the power to appoint a man or woman as national police commissioner to control and manage the South African Police Service.

"Were you appointed by the president as national police commissioner?" Semenya asked Phiyega.

She said yes, after which Semenya went through the duties, responsibilities, powers, and the role of the national police commissioner.

Use of force
Phiyega agreed that one of the roles of policing was to respect various fundamental rights, including the right to protest peacefully and unarmed.

Semenya read policies and other documents that the police commissioner wrote.

"The use of force must be reasonable to the circumstances and the force discontinued when the objective is achieved," Semenya read.

Phiyega said she was aware of this.

A document dated December 2011 read: "The use of rubber rounds and shotguns must be stopped with immediate effect and less lethal methods must be used to manage crowds." Semenya said, according to the document negotiations should be the first option.

Some policy documents also explained how police should deal with protests.

'Firm, fair and impartial'
​The use of force had to be prevented at all times, Semenya read. The commission heard that police were to be firm, fair, and impartial, and had to ensure no lives were lost and property damaged.

"The police should change and adapt its tactics to the situation to ensure effectiveness during public gatherings," Semenya read.

Phiyega agreed that one of the roles of policing was to respect various fundamental rights, including the right to protest peacefully and unarmed.

During a short tea break, Phiyega remained in her seat and read documents while being photographed from the public gallery.

On Thursday morning, Phiyega outlined her education and degrees and the areas of management for which she was responsible.

The hearings continue. – Sapa