As it happened: Marikana 'most disturbing incident in our democracy'

2014-11-05 13:00

Get live updates as the Farlam Commission of Inquiry, investigating the deaths of 44 people in Marikana, enters it's final phase.


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Last Updated at 19:54
05 Nov 16:01
Day 1 of commission comes to a close. It resumes tomorrow at 9am.

05 Nov 15:59
Why was SAHRC not involved during the incident, asks commission? MLR: All I can do is return to evidence that states there are always third parties who can assist the police in their job.

05 Nov 15:58
MLR: These were events that violated the rights to life and dignity.

05 Nov 15:57
MLR says evidence shows that SAPS should be held accountable for its failures, not individual officers.

05 Nov 15:55

05 Nov 15:50
GB ends. Next up is Michelle Le Roux of the SA Human Rights Commission.

05 Nov 15:43
GB: What has finally emerged is the NMF was told what intelligence was.

05 Nov 15:42
GB: There have been responses from 8 generals. Two things to be said from responses. 1. Most refused to answer chairperson's questions; this is a matter for great concern.

05 Nov 15:40
GB: We submit that it's clear the assembled generals must have known what the plan was. After some evasion, national commissioner says she knew that.

05 Nov 15:38
GB questions what the NMF knew on the 15 August.

05 Nov 15:37
GB: In the interview with the provincial commissioner in which she says "today's the day" people asked why she was sitting on her hands.

05 Nov 15:29

05 Nov 15:24
GB say he will address 2 matters: 1. Political interference 2. National Management Forum

05 Nov 15:18
GB (who was first to submit closing arguments this morning) is now closinh evidence leaders' submissions.

05 Nov 15:14
Commission resumes. Evidence leader MC continues with his final arguments.

05 Nov 14:52
Commission adjourns for tea.

05 Nov 14:50
MC: The submission is that the Saps response to this commission of inquiry has been characterised by attempts to mislead the commission.

05 Nov 14:46
MC: Saps fabricated evidence to support them.

05 Nov 14:45
MC: And this suppression of evidence appears to have been linked to advancing evidence and fabricating evidence before commission.

05 Nov 14:42
MC: There is some very important evidence that was not disclosed by Saps.

05 Nov 14:40
MC: What we've seen on the part of Saps as an institution is a lack of criticism.

05 Nov 14:40
MC: This is a criticism of Saps but not of our colleagues who have represented Saps with dignity.

05 Nov 14:39
MC: The last topic is a topic that has to be addressed. This is about unacceptable conduct in relation to the process. The unacceptable Saps response.

05 Nov 14:38
MC: There are many failings in the scene 2 operation...295 bullets shot into this koppie in 5 or 6 minutes and no one in a position of authority tries to bring this under control. The ones who tried were ignored.

05 Nov 14:30
MC: At the start of the operation they could not say they were going to disobey orders.

05 Nov 14:25
MC: That decision to put an artificial time limit on this flowed directly to what happened.

05 Nov 14:19

05 Nov 14:16
Farlam: They fired so many shots that the only inference is that their firearms were on automatic? MC says there are officers who admit their firearms were on automatic.

05 Nov 14:14
MC: The bullets retrieved from bodies were 9mm bullets but the strikers were also shot with R5 bullets.

05 Nov 14:11
Farlam: If it's reasonably possible that the first shots fired caused the deaths, then the shots following must attempted murder.

05 Nov 14:09

05 Nov 14:00
For justifiable homicide to be considered a case has to be made out that there was an imminent threat from the person who was killed, says MC.

05 Nov 13:59
MC says there is no justifiable homicide in this incident.

05 Nov 13:57
MC: There is no evidence that the entire group wanted to attack the police. All had different intentions.

05 Nov 13:51
MC says there are images that show strikers are moving away from tear smoke.

05 Nov 13:50
Commission says some of the strikers are not deterred by tear gas. MC says he doesn't think that is the case.

05 Nov 13:47
Chaskalson says tear gas and stun grenades do break up group but strikers are already in channel into three different directions, tweets POWER987 News.

05 Nov 13:38
MC: It may have been an unplanned, uncoordinated. But we're really speculating because we have no evidence.

05 Nov 13:33
Farlam apologises for lack of interpreters/translators. Says it's a temporary situation and all efforts are being made for rectify situation.

05 Nov 13:29
Commission returns from lunch.

05 Nov 12:47
MC: The whole Saps plan was to keep the strikers out of the Saps zone. The logic was that strikers must be kept out because media and Saps might be attacked.

05 Nov 12:43
MC: If Saps plan were deliberate it would have required planning.

05 Nov 12:31
MC is now going through each of the deaths and asking commission to think of each person. "Give them names" instead of "victim d, victim e", says MC.

05 Nov 12:30
MC says the over-exposure has a numbing effect for the commission. "I would strongly emphasise that you take yourselves back to the first time you saw this footage....Start thinking of individuals."

05 Nov 12:28
MC: When it comes to making your findings, commission needs to think back to that night - to switching on TV and seeing Reuters footage.... that horror you felt reflects the real situation.

05 Nov 12:27
MC: We've developed coping mechanisms to deal with images we see. But the problem with coping mechanisms is that it normalises conduct.

05 Nov 12:27
MC: For 2 years we've been staring minutely at what is the single most disturbing incident in our democracy.

05 Nov 12:26
MC: I'm going to be focusing on where the heads [of argument] need amplification and clarification.

05 Nov 12:25
KP concludes and the next evidence leader Matthew Chaskalson will make his submissions.

05 Nov 12:22
KP: We've identified the shooters/killers but this merits further investigation.

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