SAPS top brass swayed by political considerations

28 June 2015 - 02:00 By NATHI OLIFANT

Apart from attempting to conceal key evidence and breaching her policy, national police commissioner General Riah Phiyega participated in inappropriate political discussions during the events that led up to the Marikana massacre. She is likely to be the biggest casualty in the aftermath of the release of the Marikana report.The commission's evidence contained a transcript of the conversation between the former North West police chief, Zukiswa Mbombo, and Lonmin management, which shows that Mbombo took irrelevant political considerations into account in approaching the situation and that Phiyega participated in inappropriate discussions regarding political considerations.stroy_article_left1"Phiyega discussed the possibility of Mr [Julius] Malema coming to Marikana and taking credit for defusing the situation," says the report."It was submitted to the commission, and the commission agreed, that a finding should be made that Phiyega was complicit in engaging in discussions where political factors were inappropriately considered and discussed in relation to policing the situation at Marikana."This is inconsistent with our constitutional and statutory regime, which requires that policing be conducted in an impartial and unbiased manner," it adds."She wanted to end the violence before Mr Julius Malema arrived in Marikana and was given credit for defusing the situation."Phiyega had arrived in Marikana on the Monday afternoon of August 13 and had been briefed immediately on all the plans.She then held a series of meetings with Mbombo, Lonmin management and several high-ranking police commanders and officers.But during her testimony, Phiyega claimed to have scant recall of these events."The commission fully agreed that, and contended that, Phiyega's testimony that she was unable to recall this specific conversation is both unsatisfactory and unconvincing, but that it was telling that she did not dispute the testimony of Mbombo," says the report.Phiyega was also taken to task for breaching her own orders that crowd control should be videotaped at all times."The commission established that, on 20 July 2012, just under four weeks prior to the fateful day, Phiyega had issued a national instruction, entitled 'Police Order Policing (POP): Use of Force During Crowd Management'.stroy_article_right2"In paragraph 3.3 of which, POP operational commanders were instructed to ensure that video footage is taken of the crowd through the phases and including during the use of minimum force."However, when the matter was raised during the cross-examination of Phiyega, she said she found the reason given for the withdrawal of the video operators in Marikana, and the resultant absence of video material recorded by them, to be "acceptable"."The absence of SAPS video footage of all phases of the operation has significantly hampered the commission in its work," the commission found.The commission was also mindful that Phiyega had just been appointed and was "if anything, in an even worse position. She had no policing expertise and experience whatsoever," it said.Phiyega's speech at a South African Police Service parade a day after the massacre - in which she commended the police for their actions, saying they represented the "best of responsible policing" - was criticised by the commission."The statement that 'whatever happened represents the best possible policing' was singularly inappropriate because it set out what was from then on to be the official police line."The commission has recommended that a board of inquiry be instituted to determine Phiyega's fitness to hold office and to ascertain whether she is guilty of misconduct in attempting to mislead the commission.President Jacob Zuma has written to Phiyega and she has until July 31 to respond.Since the release of the report, Phiyega has gone to ground, saying she will not make any public announcements about it, its findings and its recommendations.In a statement on Friday, her department said: "What happened in Marikana brought a lot of pain for everyone involved, especially families, friends and colleagues of the deceased ... It has been a difficult journey and - regrettably - that journey continues."sub_head_start Mbombo may face charges sub_head_endPolice Minister Nathi Nhleko could haul former North West provincial commissioner Zukiswa Mbombo back from retirement to face the music for her implementation of the rushed "tactical option" that led to the massacre in 2012.Mbombo could be charged criminally along with several of the police officers who took part in the shooting of 34 miners in Marikana on August 16 that year.The commission found that Mbombo took the decision with the support of national police commissioner General Riah Phiyega even though this had not been discussed with the joint operation centre command - a temporary, centralised security unit made up of senior police officials and Lonmin security management, where tactical decisions in relation to the Marikana situation were taken.Mbombo retired at the end of May this year after 35 years in the police force. President Jacob Zuma said on Thursday that Nhleko would inform Mbombo about the parts of the report affecting her.The commission found that Mbombo had no experience of commanding public order policing and, the report says, "in fact never worked in public order policing at all except for once when she was young, when she was a constable in Umtata".Mbombo joined the police service in 1980 and performed crime-prevention duties in Mthatha in 1980 and 1981 ."That is the full extent of her operational experience."Thereafter, as she moved through the ranks, she held positions in administrative and financial management," the report notes.The commission said it should be self-evident that Mbombo did not have the training, skills or experience to enable her to take decisions about what should be done in complex and difficult situations such as Marikana.The report makes it clear that those in charge, including Mbombo, knew their decision would end in "bloodshed", and that the decision to go ahead with the plan in spite of this could well amount to an act of criminality.stroy_article_left3Retired judge Ian Farlam said the "two senior officers in the decision-making line were entirely unqualified to make any decisions at all bearing on police operational matters".The commission found that Mbombo's deputy, Major-General William Mpembe, and another senior official, Major-General Charl Annandale, had warned her against proceeding with the tactical option as it would involve bloodshed.The commission found that Mbombo's "defective plan" carried with it a substantially heightened risk of bloodshed, which was a result of the circumstances in which it had to be implemented."She reconciled herself to the fact that this was so, merely asking for an assurance that it would be kept to the minimum. In the commission's view, this was not good enough," says the report...

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