Phiyega failed to resist political pressure, inquiry hears
PRETORIA: Suspended national police commissioner General Riah Phiyega breached the fundamental principle of police autonomy when she bowed to political pressure during the 2012 Marikana miner protest, advocate Dali Mpofu SC told the Claassen Board of Inquiry yesterday.
“There is a principle which we distil from the constitution and other cases, which simply says it is imperative that the police service should not serve any political interests. That is political impartiality.
“The police service should also be insulated from political pressure. Those are principles which are incontrovertible,” said Mpofu, who is representing Association of Mineworkers and Construction Union boss Joseph Mathunjwa and others who were injured or arrested at Marikana.
“It is of utmost importance that the victims, the public and everyone should know whether this national commissioner contravened that rule or not.
“In other words, can South Africa have a national commissioner who has, on our version, breached one of the most fundamental principles of her office, namely, the ability to withstand and resist political pressure or any unlawful interference in her work?”
Mpofu said when then police minister Nathi Mthethwa “crossed the line and exerted or transmitted pressure” on Phiyega, the national police chief should have drawn the line and declined. “Our submission will be that, instead of saying no, she said yes. Whether you (Judge Neels Claassen) will find us right or wrong is another matter.
“Why she said yes is not a matter that is for your direct concern, except to the extent that it was a factor that led her to conceal that decision (to implement a tactical operation on the protesting miners) made on August 15, 2012,” said Mpofu.
Mthethwa was police minister when 34 people, mostly striking Lonmin mineworkers, were shot dead in a clash with police on August 16, 2012.
Over 70 were wounded and 250 were arrested at the company’s platinum mining operations in Marikana, near Rustenburg. In the preceding week, 10 people, including two policemen and two Lonmin security guards, were killed in violence.
President Jacob Zuma set up the Claassen-led board of inquiry into Phiyega’s fitness to hold office in September.
Phiyega’s actions during the labour unrest, believed to be the biggest loss of life in a single police operation in post-apartheid South Africa, were heavily criticised by a commission of inquiry led by retired Judge Ian Farlam.
In June last year, Zuma released the report of the Farlam Commission. It recommended the board of inquiry into Phiyega’s fitness to hold office after finding fault with the police’s “tactical” plan to deal with the striking miners.
The commission also found the police had misled it about its plans on the day of the deadly shootings.
The Claassen inquiry was scheduled to hear closing arguments yesterday, but those plans were momentarily put on ice when Mpofu sought permission to present Mathunjwa’s affidavit.
“I wish to assure the board that the lateness of the intervention has nothing whatsoever to do with disrespect, it has nothing to do with undermining the dignity of the board. If anybody’s dignity is at stake, it is that of the victims. We express appreciation even to be given this audience,” said Mpofu in reading out Mathunjwa’s appeal to be permitted as evidence at the inquiry sitting in Centurion.
Phiyega’s defence team, led by advocate Mahlape Sello, said it no longer objected to the evidence of Mathunjwa and the Marikana “victims” being admitted.
Judge Claassen chairs the three-member board, assisted by advocates Bernard Khuzwayo and Anusha Rawjee.