Phiyega ‘misled’ inquiry on her role in Marikana massacre, must go – Claassen report

Suspended national police commissioner Riah Phiyega suffered yet another blow after a second inquiry has found that she should be shown the door for the part she played in the Marikana tragedy.

Phiyega “misled” the inquiry about the part she played in the Marikana massacre and was found to have passed the buck to her subordinates.

According to the Claassen report – headed by retired Judge Neels Claassen and formally released this week – Phiyega was “misleading” about her role in the tragedy.

In the terms of reference of the report, which will be noted by parliament, it dictates that it is not up to it to suggest a course of action. This puts the ball entirely in President Jacob Zuma’s court.

According to the report, Phiyega “should have been capable of foreseeing the tragic and catastrophic consequences of taking the decision to implement the ‘tactical option’ to gun down 44 protesting mine workers”.

The report specifically deals with Phiyega’s involvement, which she has denied, in the ordering of the live ammunition to be used against platinum miners in their illegal strike in 2012.

In agreement with the Marikana Commission, Phiyega had to go.

Following the findings of the inquiry, Zuma called for a separate board to dig further into the scathing recommendations made by the Marikana Commission.

Claassen concurred that Phiyega was misleading about her role and passed the buck to then-North West provincial commissioner Lieutenant-General Mirriam Mbombo. She argued it was not her legal or constitutional responsibility to involve herself in provincial affairs.

READ MORE: Zuma to oppose Phiyega’s bid to have Marikana, Claassen reports set aside

Her testimony before the Marikana Commission was “ultimately my responsibility”.

But despite being present in the province at the 11^th hour the night before the battle plans were made, she gave the go-ahead to use R-5 rifles and bullets that disintegrate after hitting someone.

“She was the leading officer in the room where the plan was discussed, explained and accepted. Even if she had simply sat and listened without saying a word, her presence as national commissioner of police would have constituted formal approval, tacit or express, of the plan that was being hatched for execution…

“We find the continued use of R-5 rifles by the SAPS [South African Police Service] while under leadership, grossly negligent,” the report read.

Phiyega’s testimony was that she was aware of the risks. However, she continued to allow police officers to carry on and didn’t ask how the police planned to disarm the armed strikers of their weapons.

“We find that in the circumstances … a reasonable national commissioner of police would have foreseen that the decision to disperse, disarm and arrest 3 000 protesting strikers would have been impossible without resulting [sic] loss of life.

“… At worst, the national commissioner justified the conduct and actions of the police members involved in the operation.”

Both Phiyega and Mbombo tried, but failed, having inadequate experience to foresee the deaths which would happen on their watch.

Institute for Security Studies senior researcher Johan Burger said the report was nothing new.

“It confirms what most have been saying for a long time. Phiyega is not and never was fit for that particular office.

“The sanction [of dismissal] fits the term of reference [of the Claassen report].”

This does not exclude the possibility of criminal prosecution, should the prosecuting authority decide that she is criminally liable for what happened at Marikana.

DA MP Zak Mbhele said the report vindicated the majority opposition party’s position that only people of merit should occupy the fraught position of police commissioner.

It is now up to the Independent Police Investigative Directorate and the National Prosecuting Authority to determine if Phiyega will be criminally charged.

Phiyega has taken the report to court to have it overturned.

Francois Beukman, chairperson of parliament’s portfolio committee on police, said the committee’s hands were tied until there was an outcome from the courts. Only then could the report be probed.

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