Phiyega: I did not laugh about Marikana

264 National Police Commissioner. Rea Phiyega take oath before testifying at the Marikana Commission held at the Rustenburg Civic Center in the North West Province. 140313 Picture: Boxer Ngwenya

264 National Police Commissioner. Rea Phiyega take oath before testifying at the Marikana Commission held at the Rustenburg Civic Center in the North West Province. 140313 Picture: Boxer Ngwenya

Published Mar 14, 2013

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North West - National police commissioner Riah Phiyega on Thursday denied she laughed and joked while footage of the August 16, 2012 Marikana shooting was being shown to the Farlam Commission of Inquiry.

“That was personally a very hurtful observation. It is not only inhuman, it is totally out of my personal character and not true,” Phiyega told the commission.

“I reject that with every part and measure of my being... What happened that day [August 16] is regrettable.”

Phiyega was responding to a report in the Times in October that she joked with a state law adviser while a prelude to the killings was being screened.

She said reading the reports was hurtful and that nobody's name should be “dragged” like that “for no reason”.

The commission heard that Phiyega called the minister of police on August 16 to inform him about the shooting and tell him she would “attend to the matter personally”.

“The events at Marikana in August 2012 are of concern to me as well,” she said.

Phiyega said the events of that day had no place in the country's history.

Earlier, advocate Ishmael Semenya, for the police, read policy documents and other documents from the desk of Phiyega during her evidence before the commission.

“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 from the commissioner's desk, dated December 2011 reads: “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. Phiyega agreed.

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 chairman, retired judge Ian Farlam.

The commission heard that police had an obligation to prevent, combat and investigate crime, maintain public order, and protect and secure the inhabitants of the country and their property.

Phiyega agreed police had an obligation to uphold and enforce the law.

Policy documents also dealt with how police should deal with protests. 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.

She was appointed by President Jacob Zuma on June 12, 2012, under Section 207 of the Constitution.

On Thursday, the civic centre was the fullest it had been the whole week.

Phiyega is expected to give evidence on the role played by police in the events leading up to and on August 16 last year, when 34 striking mineworkers were shot dead and 78 injured when police opened fire near 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.

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

Semenya went through the duties, responsibilities, powers, and the role of the national police commissioner.

The hearings continue. - Sapa

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#Marikana