National police commissioner Riah Phiyega and advocate Dali Mpofu deadlocked on Thursday morning at the Farlam commission of inquiry over whether or not she knew there was a wage dispute at Lonmin before the Marikana masscare on August 16.
Mpofu is representing over 200 injured miners who were arrested shortly after the incident.
Phiyega repeatedly refused to answer the question and insisted that, "whatever the drivers were" of the events that led up to August 16, the police were there because of broader violence and instability in the area.
Mpofu said he was not going to allow her to evade the question and repeatedly asked if she knew there was an unprotected strike taking place.
"General Phiyega, I am begging you to answer the question. This evidence is crucial and I'm not going to stop until you've answered me."
Later when pressed, Phiyega finally conceded, saying she "heard they were asking for about R12 500 or whatever". Reports at the time indicated striking miners wanted a salary of R12 500 per month for rock drill operators.
Mpofu pushed her for answers because he said he believed political interference in the days leading up to the killings came in the form of an attempt to recharacterise the events at Lonmin as something other than a dispute over wages.
No wage dispute
He then referred to the notorious emails in which he said there had been an attempt to specifically state there was no wage dispute going on at Lonmin at the time.
He was interrupted by the advocate representing Lonmin, Schalk Burger SC, who said Phiyega's word on the emails would not be permissible. He previously objected to the emails in February when ANC deputy president Cyril Ramaphosa asked for concomitant action to be taken against the striking workers.
On Thursday Burger said, "We'll have headlines tomorrow, but we would not have served the purpose of this commission".
Meanwhile, it was also established on Thursday that the death of an ANC councillor in Marikana, Pauline Masuhlo, was not part of a search and seizure operation as initially thought.
"It was part of the unrest," said retired judge Ian Farlam.
Her killing was one of a string of deaths that occured after the massacre, including suicides and murders.
Advocate Geoff Budlender pointed out that the death was previously ruled outside of the terms of reference for the commission.
Mpofu said he would bring an application to have her death brought within the terms of the commission so that it can be discussed.
The Farlam commission moved from Rustenburg to Centurion on Tuesday.
Some families of the Marikana victims were transported to Centurion by the justice department this week.
isiXhosa, and Setswana and Sesotho speaking families were separated for the purposes of interpretation as it was previously felt that the inclusion of all three languages in the proceedings was taking up too much time.