Police Minister Nathi Mthethwa
The Marikana Commission report has recommended that an inquiry into North West police commissioner, Lieutenant-General Zukiswa Mbombo’s fitness to hold office be held.
Mbombo retired from the police service at the end of May. But the commissioners seem to have hinted that there may be some criminal liability on the part of those who knowingly let the police actions on August 16 take place, knowing full well that there would be bloodshed.
A critical question at the commission was why the police decided to act on the afternoon of August 16, when the koppie where the miners were killed was crowded. This was an about-turn from the police’s initial plan, which was to encircle a small group of miners, early in the morning of the August 17, and disarm them peacefully.
‘Not good enough’
The report is quite clear that those in charge knew this decision would end in “bloodshed”, and that the decision to go ahead with the plan in spite of this could well amount to an act of criminality.
The commission makes no absolute finding on guilt or innocence, with respect to criminality, however.
But it says: “… Major Generals [William] Mpembe and [Charl] Annandale warned the provincial commissioner [Mbombo] that proceeding to the tactical option that day [August 16] would involve bloodshed.
“She reconciled herself to the fact that this was so, merely asking for an assurance that it would be kept to the minimum. In the Commission’s view this was not good enough.”
The report goes on to cite the SAPS Act, which says that “where force has to be used only the minimum force which is reasonable in the circumstances must be used”.
Still, the police went ahead with its plan to roll-out a major tactical operation on August 16.
The report says the police had breached the “McCann principle”, which says that when planning police operations, police must minimise the risk that lethal force will be used.
“Put simply: a decision to implement a plan to use more force on Thursday than would probably be required on Friday will, in the absence of compelling circumstances requiring action on Thursday, be an illegal decision.”
‘Difficult journey’
The management of the SAPS said on Friday it had noted the statements by President Jacob Zuma regarding the Marikana Commission of inquiry’s report.
Police management said on Friday it would study the full report.
Police spokesperson Brigadier Vishnu Naidoo said: “Out of respect for the processes outlined by the president, SAPS management has taken a decision that no public pronouncements about the report, its findings and recommendations will be made. In the interim, the management of the police would like to reassure the public that policing duties will continue as normal.”
Naidoo stated that Phiyega had received the letter from Zuma regarding the findings and recommendations of the Marikana commission of inquiry and that Zuma had invited the national commissioner to respond by no later than July 31 2015.
Naidoo said Phiyega would comply with the president’s directive.
“What happened in Marikana brought a lot of pain for everyone involved, especially the families, friends and colleagues of the deceased, as well as members of the SAPS and its leadership. It has been a difficult journey and regrettably, that journey continues,” police said.
The statement follows the release of the Marikana findings by President Jacob Zuma on Thursday night which cleared deputy president Cyril Ramaphosa and two members of the South African Cabinet of any blame associated with the massacre, yet it severely criticised the country’s police leadership for its decisions and actions which led to the death of the 34 striking miners on August 16 2012. – With African News Agency.