Marikana negotiation ‘foreign’

011012. Rusterburg Civic Centre, North West. George Bizos during the public hearing of the Marikana Commission of Enquiry to investigate the Marikana tragedy at which 44 people were killed and scores injured. 554 Picture: Dumisani Sibeko

011012. Rusterburg Civic Centre, North West. George Bizos during the public hearing of the Marikana Commission of Enquiry to investigate the Marikana tragedy at which 44 people were killed and scores injured. 554 Picture: Dumisani Sibeko

Published May 22, 2014

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Pretoria - A police officer negotiating with violent strikers in Marikana in August 2012 had no prospects of success, the Farlam Commission of Inquiry heard on Thursday.

"Your negotiating was foreign to the people who were on strike. In order to be a successful negotiator you have to give something back," George Bizos SC, for the Legal Resources Centre, said during cross-examination.

He asked Lt-Col Stephen James McIntosh, a hostage negotiator at Marikana, near Rustenburg, North West, in August 2012, what he offered the strikers.

McIntosh said he offered safety and security.

"The briefing we received was to disarm 1/8the strikers 3/8. We were there to negotiate peace. We do not negotiate on behalf of employers or labour brokers," McIntosh told the commission, sitting in Pretoria.

Bizos said the workers' weapon was to withdraw their labour to bring about a just solution to their problem.

McIntosh said police told strikers they were not there to negotiate labour issues. He said he was there as a messenger and negotiator.

Bizos said he would argue that McIntosh was incompetent as a chief negotiator.

He asked McIntosh if he agreed that to be a good negotiator one had to show independence. He agreed.

Dali Mpofu SC, for the wounded and arrested miners, suggested that McIntosh could not be an independent negotiator because he was working for the police, and that there was a dispute between the strikers and the police.

McIntosh said police worked in the interests of the community.

"Would you agree that from the strikers' point of view, they did not feel unsafe?" Mpofu asked.

McIntosh agreed, but said when the strikers moved away from the hill near the Lonmin mine they were not safe, as there had been attacks.

Mpofu said McIntosh's experience was not relevant as it was in child protection and hostage situations. McIntosh said he had experience in serious and violent crime.

Mpofu asked McIntosh if the failure to meet the strikers' demands was an impediment to resolving the crisis.

"I cannot say that," McIntosh said.

The commission is probing the deaths of 44 people during a violent strike at Lonmin in 2012.

Thirty-four people, mostly striking mineworkers, were killed on August 16, 2012. Ten people, including two policemen and two security guards, were killed during the preceding week.

Mpofu said McIntosh was the wrong man for the job.

"You are not a negotiator, you are just a man... you were an interested party," he said.

McIntosh said he had a function to fulfil, but it was unfortunate that negotiations broke down.

On Thursday afternoon, Captain Wayne Peter Kidd started giving evidence. He was part of a reserve group deployed in Marikana on August, 16, 2012.

Kidd said he was tasked with protecting an informal settlement near the hill, where the protesters had gathered. He told the commission when he heard police being attacked, he decided to move towards the hill.

Kidd would continue his evidence on Friday.

 

Sapa

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#Marikana