The North West’s deputy police commissioner is demanding R1 million from Police Minister Nathi Mthethwa and commissioner Riah Phiyega, alleging he was wrongfully arrested for assaulting miners during the unrest at Marikana.
Major-General William Mpembe was arrested on Thursday afternoon at the Brits Police Station on a charge of assault for his alleged involvement in the assault of miners at Bethanie Police Station on August 21.
But Mpembe alleges he was not at the scene - and that he was arrested without any evidence or investigation of his involvement.
As a result of this wrongful arrest, his rights and dignity have been infringed, he claims.
If the police do not pay the R1m in 14 days, Mpembe’s legal team will issue summons against the police management and the minister.
Yesterday Mpembe did not wish to comment.
Mthethwa’s spokesman, Zweli Mnisi, yesterday said their legal team had not alerted them to any such letter. The minister was still awaiting a final report from the Independent Police Investigative Directorate into the allegations of assault, he said.
But The Sunday Independent has seen a letter sent by Mpembe’s legal representatives, Potgieter, Penzhorn and Taute Incorporated, to the national police commissioner.
The letter was delivered by hand to the civil litigation unit of the legal department in the police.
“We wish to enquire from yourselves why it was necessary to arrest a senior police officer without proper evidence and investigations. We find it shocking, to say the least, that an arrest would take place where it is clear that our client was not at the scene,” states the letter.
Mpembe’s legal representatives say an arrest is not necessary when one is charged with assault.
Mpembe was arrested without a warrant of arrest and detained for eight hours.
National police spokesman Brigadier Phuti Setati did not respond to requests for comment.
The SANDF was yesterday afternoon called in to deal with tension at Lonmin Mine in Marikana.
On Friday and yesterday morning the police sporadically fired rubber bullets and tear gas at miners gathering outside the mine after Justice Minister Jeff Radebe’s crackdown on illegal gatherings.
So far 14 miners had been arrested under the Illegal Gatherings Act, North West Police spokesman Thulani Ngubane confirmed. More arrests were expected, he said.
After Radebe’s warning, in the early hours of yesterday, 500 police officers raided hostels at Lonmin’s Karee Mine. Two truckloads and a van full of machetes, spears, pangas, knobkieries and other dangerous weapons were confiscated, said Ngubane. During the raid five people were arrested for possession of and dealing in dagga.
The raid aimed to disarm the miners to make sure they eliminated the elements of threats taking their toll on the area of Marikana, said Ngubane.
Production at Lonmin has been suspended for eight days. This week the mining house finalised the Johannesburg Labour Court order declaring the strike involving 3 000 miners unprotected.
They approached the court on August 10, the day the strike began.
It is unclear if negotiations between unions and the managers at Lonmin will continue tomorrow on Lonmin’s wage offer.
Association of Mineworkers and Construction Union treasurer Jimmy Gama said the action by police would delay negotiations, as worker delegations who wanted to present the offer to their constituencies were prevented by the police from meeting.
Gama said they had received reports of rubber bullets being fired at striking miners, raids at hostels and workers being arrested, but said it was uncalled for and they were disappointed by the government’s approach to use force.
“We don’t believe the problem will be resolved through the use of force. We thought the government would engage all parties.
“This is becoming chaotic. It will delay everything,” said Gama.
National Union of Mineworkers spokesman Lesiba Seshoka however said the union had called for the government to take a zero tolerance approach to lawlessness - as striking workers needed to give others the freedom to work.
“[The Association of Mineworkers and Construction Union] has not signed the peace accord, so they have a licence to do violence,” said Seshoka.
He hoped negotiations would continue. He said their members were being forced to participate in strikes as they were threatened, doused with petrol and murdered.
Lonmin spokeswoman Sue Vey said Lonmin remained committed to the negotiations.
Mining giant Anglo American Platinum has also suspended operations at its two Rustenberg platinum mines, Thembelani and Khuseleka, for the safety of employees who were threatened by striking miners. - Sunday independent