Johannesburg - Police have successfully dealt with most
protests and gatherings, even in the face of violence, over the past 18 months,
the Farlam Commission of Inquiry heard on Tuesday.
"There has been positive intervention by police
where at least over 80% of a total of 151 gatherings and protests were dealt
with successfully and peacefully in the past 18 months," national police
commissioner Riah Phiyega told the commission.
She was under cross-examination by Dali Mpofu, for the
wounded and arrested miners.
The commission, sitting on its 100th day in Rustenburg,
is chaired by retired Judge Ian Farlam.
It is investigating the circumstances surrounding the
deaths of 44 people during wage-related unrest near Lonmin's platinum mine in
Marikana last year.
On 16 August, police shot dead 34 miners. In the
preceding week, 10 people, including two police officers and security guards,
were killed.
Maximum force
Mpofu questioned Phiyega about the perceived use of
maximum force by police towards the miners last year.
He said the police action was not according to guidelines
and prescripts regarding the use of minimum force.
Phiyega said: "I do not agree with you because of
various reasons. To start with, the situation at Marikana was an illegal
gathering... the Constitution gives everyone the right to gather, but to gather
peacefully and unarmed."
Mpofu said it was clear the police at Marikana broke the
law.
"If one of the police commanders would come here
before the commission and say 'yes, we used maximum force on the day'... that
would amount to a confession, as the prescripts outlaw maximum force. It has no
place in South Africa. Is that correct?" he asked Phiyega.
Ishmael Semenya, for the police, objected and said there
was no basis for Mpofu's statement that another police commander would agree
that maximum force was used.
Phiyega said the Marikana situation was
"unprecedented".
