‘Miners posed no threat to police’

MARIKANA INQUIRY: TOLD KILLINGS WERE UNLAWFUL

Advocate Ntsebeza cites evidence of disproportionate force against strikers.

The striking mineworkers never posed a threat to the police tactical response team (TRT) on August 16, when 34 miners were killed at Marikana in 2012, the Marikana Commission of Inquiry heard in Pretoria yesterday.

“The killings were a result of police using completely disproportionate force,” said Dumisa Ntsebeza, for the families of the miners killed in the incident.

“All the people who were shot, all of them ... they were shot multiple times with a fatal wound to the upper bodies, which is why we are making the point about disproportionate force.”

He mentioned the names of several miners whose bodies showed evidence of disproportionate force.

“TRT shooters continued to fi re after any perceived threat could be seen ... but it was clear even after the fi rst volley that there was no justification for any fi ring at mineworkers beyond the fi rst three seconds, even assuming there was justification for fi ring within those fi rst three seconds.

It is clear from the objective evidence that the miners were killed unlawfully Dumisa Ntsebeza Advocate for miners’ families

The strikers never posed any threat to the TRT line ... in terms of the distance where they were found.”

It was clear from the objective evidence they were killed unlawfully, he said.

Ntsebeza said the R5 rifles used were powerful weapons lethal from a certain distance, which was an indication of the disproportionate nature of the force used by police on both August 13 and August 16.

Regarding the four miners killed on August 13, Ntsebeza claimed police had instigated the confrontation.

“It is clear to us the strikers were walking peacefully in the direction of the koppie when there was this unprovoked att ack on them by means of tear gas and stun grenades.”

Ntsebeza added the police did litt le, if anything, to help those they had wounded.

“There is that spectacle of the man writhing with pain who dies a horrible death. In fact, when his family sees how he dies they are reduced to painful tears because he dies in circumstances where people are milling around,” he said.

“What we see there is this callousness, this absolute disregard for people who have been injured. Is this what we expect in a democracy? [Marikana] was not a war zone, but even in a war zone the Geneva Convention makes provisions for the treatment of those who get injured.”

Ntsebeza showed graphic pictures of four miners shot on August 16, with three so disfigured by gunshot wounds to their faces they were unrecognisable. Another miner was shown slumped on the ground with a hole in his neck.

“Can all of this be in aid of self defence?” he asked. –