Phiyega should have known Marikana operation could not ‘be carried out without bloodshed’

The afternoon of August 16‚ 2012‚ when 34 Lonmin Marikana miners were gunned down by police in North West‚ was the worst possible time to disperse and disarm the strikers‚ the Claassen Board of Inquiry heard on Thursday.

Evidence leader advocate Ismail Jamie‚ in his closing argument on Thursday‚ said that suspended police boss Riah Phiyega should have known better.

He said the embattled police boss should have foreseen the catastrophic outcomes of the tactical operation of disarming and dispersing about 3000 people in that time of the day.

Jamie said that when the 6am window period to carry out the tactical operation initially agreed to had lapsed‚ the operation should have been moved to the following day.

He said if Phiyega was prudent and responsible‚ she should have asked what steps had been taken to ensure people were not killed or injured when then North West police boss Lieutenant-General Zukiswa Mbombo informed her of the intention to carry out the operation around 3pm.

“The (6am) window period passed and there was no way (the operation) could be carried out without bloodshed‚” Jamie said.

Asking for clarity from Jamie‚ board chairperson Judge Neels Claassen wanted to know who made the order for police to shoot and whether this decision was taken at the extraordinary meeting held the day before.

Jamie said that was not the evidence leaders’ case.

He said their case was that by authorising the police operation of that magnitude‚ Phiyega should have known that all units -including the Tactical Response Team‚ which Jamie said was the equivalent of SWAT unit in the US — would come to play and bloodshed would not be averted.

“(TRT) protect other police and there were about 70 of them…by triggering this operation‚ it was unstoppable. (Phiyega) is responsible for putting (TRT) in that situation…at that time of the day‚” Jamie said.

He argued that had the operation moved to the following day‚ the bloodshed would not have happened‚ at least not at this scale.

“(Phiyega) is grossly incompetent and not fit to hold office‚” he said.

President Jacob Zuma established the board of inquiry last year following recommendations by Judge Ian Farlam in the Marikana Commission of Inquiry report.

The Farlam commission‚ which submitted its final report to the government last year‚ implicated Phiyega and other senior police officers in the murders of 34 miners in Marikana.

The Claassen inquiry is investigating Phiyega’s fitness to hold office. – Tiso Black Star Group Digital

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