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CALS ANALYSIS:
Use of water cannon, tear gas and stun grenades at Scene 1
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Purpose of the document
This document is produced in order to:
identify when tear gas, stun grenades and water cannon were used by the SAPS at Scene 1.
rebut the SAPS contention that water cannon, tear gas and/or stun grenades were used prior to the final
approach of the protestor group towards the TRT line.
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SECTION 1
The SAPS case
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The SAPS case is set out in Exhibit L slide 199 which states:
“A detailed sequence of events (Incident 2)
• Nyala 4 – drove towards the kraal to cut off the approaching group with the barbed wire.
• The approaching group of protesters attempted to enter in front of Nyala 4 before it reached
the kraal. The POP members from Nyala 3 and 4 engaged the protesters with rubber and tear
gas.
• POP vehicles from the northern flank (Lt Col Pitsi) and the POP vehicles from the negotiations/
monitoring group (Lt Col Mere) joined the engagement to assist Col Makhubela’s barbed wire
group.
• Water Canons started spraying the attacking protesters to prevent them from entering the
police enclosure.
• This action had no effect on the protesters and kept on coming forward. POP members
applied the less than lethal measures including stun and tear grenades, firing of rubber
rounds within the force continuum in an effort to stop and disperse the group of attacking
protesters. This gave Nyala 4 time to close the gap with the remaining barbed wire.
• In this incident various shots were fired from the protesters at the police Nyala.”
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Slide 200 indicates the alleged location of “Incident 2” as below:
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The consolidated statement of Brig Calitz, among others, supports the SAPS version.
Brig Calitz notes in his consolidated statement:
“112. I also instructed the water cannons to come forward and disperse the crowd by spraying them
with water. The water cannons did that. At the same time, I instructed the Papa Nyalas to help the
dispersion and as the water cannons were spraying the armed strikers with water, teargas was also
used. Stun grenades were also used to repel the armed strikers. With these measures not effective,
rubber balls were also fired at the armed strikers.
113. The armed strikers moved back as they did the first time. They again moved in a semi-circle
formation back around the small kraal. Their configuration is depicted in exhibit L, slide 177 [sic]”
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SECTION 2
The use of tear gas and stun grenades:
An analysis of the objective evidence
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The SAPS discharge analysis (Exhibit FFF8, FFF35) shows that there were:
3 stun grenades used at scene 1 by the SAPS
8 CS canisters used at scene 1 by the SAPS1
This section will show that:
There is no objective evidence of any tear gas or stun grenade being used before 15:53:30,
that is, 20 seconds before the volley of TRT fire, and well after the alleged “incident 2”.
At least 3 of the 11 discharges came well after the volley of TRT fire
1 Although the total CS is said to be only 4, it is clear that 8 were used: Mokoena and Malesoena each used 4
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Part 1: Photographic Evidence
See: CALS Scene 1 Protestor Route Analysis
The photographic evidence presented in the CALS analysis of the route taken by the protestors at
scene 1 shows that the movement of the core protestor group from the koppie to the TRT line took
around three minutes. The group were photographed passing Nyala 5 at around 15:51:00 and
approached the TRT line, who opened fire, at 15:53:50.
At pages 18 – 32 of that analysis, a chronology of all photographs taken between 15:51:00 and
15:53:21 - and available to the Commission - is provided.
None of those photographs show any evidence of smoke from tear gas or stun grenades.
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The only photographs with evidence of smoke from tear gas and/or stun grenades are photographs
where the crowd has already rounded the kraal and is adjacent to the line of POP Nyalas as below.
The timing of those photographs cannot be determined precisely (as they are from the media), but
on the basis of the position of the protestors relative to the Nyalas, it is believed they were taken
after 15:53:30 (see CALS analysis: Scene 1 vehicle movement).
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1
Part 2: Video Evidence
The video evidence confirms what is apparent from the photographic evidence.
According to Exhibit L and the statement off Brig Calitz, ‘incident 2’ is alleged to have taken place
on the south-western side of the kraal, shortly after Nyala 4 blocked the route of the crowd with
barbed wire.
Nyala 4 reached the kraal at 15:52:03 (see CALS Scene 1 vehicle analysis, p.18). By 15:53:20, no
protestors were anywhere near Nyala 4 and the lead protestors were already heading around the
kraal (Vermaak Blackberry 01516).
As such, if ‘incident 2’ occurred at all, it occurred between 15:52:03 and 15:53:002.
However, on the CCTV footage taken from the Rowland Headgear (Exhibit CC37), no smoke from
tear gas or stun grenades is visible prior to 15:53:30.
A chronology of stills from video images is set out below.
2 Note: the Channel 4 Dispatches footage considered in the document ‘CALS analysis: Scene 1 protestor route’ suggests that at 15:52:08 any threat to Nyala 4 had passed.
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2
15:52:00
Three seconds before Nyala 4 reaches the kraal, there are no plumes of smoke visible, though there is some dust in the air
kicked up by the movement of Nyalas.
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3
15:52:03
As Nyala 4 reaches the kraal, there are still no plumes of smoke visible, and Nyala P11 is already heading around the kraal to
intercept the lead protestors.
Nyala 4
Nyala P11
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4
c.15:52:083
Screenshot from the UK’s Channel 4 ‘Dispatches’ programme ‘South Africa’s Dirty Cops’ @ 21:13
Around 5 seconds after Nyala 4 has reached the kraal, there is no smoke from tear gas or stun grenades.
Additionally, there is no evidence of any attack on Nyala 4. Those protestors circled in yellow are heading right to left of screen.
3 For the timing of this shot, see CALS analysis: Scene 1 protestor movement
Nyala 4
with trailer
Nyala P7
Kraal
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5
15:52:24
Around 20 seconds after Nyala 4 has reached the kraal, there is still no smoke from tear gas or stun grenades, but there visible
exhaust fumes and dust in the air from the movement of vehicles.
All visible vehicles are moving around the kraal to intercept the protestor group. There is no apparent ‘defence’ of Nyala 4.
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6
15:53:31
The first evidence of any smoke from tear gas or stun grenade is this discharge at 15:53:31
It is unclear if this is a tear gas or stun grenade discharge
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15:53:39
Apparent stun grenade discharge with distinctive “double bang”
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8
15:53:41
The Reuters video captures a tear gas canister landing near the front of the protestor group at 15:53:41.
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9
15:53:44
The Reuters video captures a tear gas canister being fired by a POP member at 15:53:44
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15:53:45
Further plume (partially obscured by P4) is visible from apparent tear gas discharge (possibly one of those captured in Reuters footage)
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15:53:48
A further plume is visible from what appears to be a stun grenade discharge.
It is not definitively a stun grenade discharge, but the closely focused explosion and quick dissipation of smoke suggests this.
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2
15:53:50
Further plume visible from apparent tear gas discharge (possibly one of those captured in Reuters footage)
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3
15:54:02
12 seconds after the volley of TRT fire, the effects of the earlier tear gas and stun grenade discharges are visible, and there
appears to be a further plume that may be from tear gas or stun grenade.
Contrast this to the absence of any visible smoke at the point of alleged ‘Incident 2’
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4
15:54:36
Around 45 seconds after the start of the TRT volley, a new plume of smoke – which appears to be a tear gas discharge - is
visible to the north east of Scene 1, where Nyalas have followed some protestors
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5
15:54:47
11 seconds later, another two plumes are visible.
They both appear to be tear gas discharges
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15:54:58
11 seconds later, the three plumes still linger, but there are no obviously new plumes
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Conclusions on the use of tear gas and stun grenades
On the basis of the analysis above, it appears that there is evidence of:
15:53:31 - tear gas or stun grenade plume visible
15:53:39 - likely stun grenade plume visible
15:53:41 - likely tear gas discharge visible on Reuters (plume visible on CCTV at 15:53:45?)
15:53:44 - likely tear gas discharge visible on Reuters (plume visible on CCTV at 15:53:50?)
15:53:48 - likely stun grenade plume visible
15:54:02 - likely tear gas plume visible
15:54:36 - tear gas or stun grenade plume visible
15:54:47 - 2 x tear gas or stun grenade plume visible
According to the SAPS discharge analysis, there were 11 discharges of tear gas and stun grenades at
Scene 1. On the video evidence available, 9 of those discharges can definitely be accounted for
between 15:53:31 and 15:53:47.
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Statements of those who discharged stun grenades
Those listed as having discharged stun grenades are: Cst Ntshingila, W/O Van Rensburg, and W/O
Kgosana.
- W/O Kgosana’s statement is clear that he used a stun grenade to deter an alleged attack on
Nyala P11. That alleged attack took place well after alleged incident 2.
- Cst Ntshingila’s statement is opaque as to where he discharged his stun grenade, but he says he
used it “to disperse the group that was attacking our Nyala”. Cst Ntshingila was in Nyala P9.
W/O Mokoena was the driver of Nyala P9. In his more detailed statement he does not mention
any attack on Nyala P9 until it had moved around the kraal. At that stage, W/O Mokoena says
that a shot was fired from the strikers. In response, W/O Mokoena discharged 8 x 9mm rounds.
On that basis, it seems highly likely that Cst Ntshingila discharged his stun grenade around the
same time and well after alleged incident 2.
- W/O Van Rensburg’s statement is entirely opaque on the location in which he threw a stun
grenade.
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Statements of those who discharged tear gas
Those listed as having discharged tear gas are: Cst Mokoena, W/O Malesoena
- W/O Malesoena’s statement is entirely opaque as to the location at which he discharged tear
gas, noting merely that he fired it “at the scene”. However, Sgt Baloyi, who was also in the same
Nyala (P4), appears to record that W/O Malesoena discharged his tear gas during the final
approach of the group towards the TRT line, while water was being sprayed by the water
cannons and shots were fired by a protestor.
- Cst Mokoena’s statement suggests that he discharged tear gas while assisting Nyala 4. However,
he also notes that he fired it “after water cannon fired”. As W/O Malesoena (the only other
person to fire tear gas at scene 1) was in Nyala P4, it seems likely that Cst Mokoena is the POP
member visible firing tear gas in the Reuters footage 5 seconds before the TRT volley (see p.17
above).
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Two discharges unaccounted for?
Due to the lack of detail in the statements of those who fired tear gas and stun grenades at scene
1, it is impossible to account for every discharge. The fact that 2 discharges cannot be accounted
for in the video analysis leaves open a number of possibilities:
1. 2 stun grenade and/or tear gas discharges were wrongly accounted for by the SAPS at scene 1,
when they were actually used at scene 2; or
2. 2 further discharges of tear gas and/or stun grenades are in fact visible in the CCTV footage, but
are not easily distinguished from other plumes of smoke; or
3. 2 further discharges took place out of the sight of the camera in the CCTV footage.
Given that the location of alleged ‘incident 2’ is visible on the CCTV footage throughout the time
when that incident would have taken place, even possibility 3 does not allow for the tear gas or
stun grenades to have been used to deter the alleged attack in that incident.
As such, on any of these possibilities, it is possible to conclude with reasonable confidence that no
stun grenades or tear gas canisters were used to deter an attack at alleged incident 2.
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1
SECTION 3
The use of water cannon:
An analysis of the objective evidence
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2
Set out below is a chronology of photographs, and stills from videos, showing the progress of the
JHB and NW water cannons.
The analysis demonstrates conclusively that:
water cannon was not used at alleged ‘incident 2’, and
water cannon was not used at all against the lead group of protestors who were shot by the
TRT line
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3
15:43:56
(Vermaak Pentax IMGP4540)
NW and JHB water cannons in pre-deployment location
WC - NW
WC - JHB
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4
15:51:47
(Vermaak Blackberry IMG01515)
Neither water cannon is visible in this shot taken shortly prior to alleged incident 2
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15:52:01
(NW WC Camera @ 16:14:22 )
Both NW and JHB are still stationary in their pre-deployment positions.
NW water cannon is about to set off towards kraal. JHB water cannon is visible, still stationary, beside it.
JHB WC
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6
15:52:14
(NW WC Camera @ 16:14:22 )
Having moved only a matter of metres, the NW water cannon stops.
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15:52:28
(FLIR Camera @ 15:57:50)
Both JHB and NW water cannons are visible, and stationary, very close to their pre-deployment positions.
JHB WC
NW WC
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15:52:34
(NW WC Camera @ 16:14:48)
A vehicle passes the stationary NW water cannon.
Immediately afterwards, around 1 minute and 15 seconds prior to the volley of TRT fire at the kraal, the NW water cannon
starts moving again, towards the kraal.
passing vehicle
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15:52:48
(FLIR Camera @ 15:58:10)
Around 1 minute prior to the volley of TRT fire at scene 1, the JHB water cannon starts to move towards the kraal.
NW water cannon no longer visible from the FLIR camera.
JHB WC
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15:53:14
(FLIR Camera @ 15:58:36)
Around 35 seconds before the volley of TRT fire at scene 1, the JHB water cannon is still making its way towards the kraal.
JHB WC
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1
15:53:35
(NW WC Camera @ 16:15:56)
One minute after re-starting its movement towards the kraal, and only 15 seconds before the volley of TRT fire at scene 1, the
NW water cannon approaches Nyala 6, adjacent to the kraal.
Trailer of Nyala 6
POP members
on foot
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2
15:53:43
(NW WC Camera @ 16:16:04)
NW water cannon stops behind Nyala 4 at the kraal (see CALS analysis: Scene 1 vehicle movement for its position relative to
the kraal and Nyala 4). JHB water cannon spray is visible
JHB water
cannon spray
Nyala 4
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3
15:53:43
(FLIR Camera @ 15:59:05)
JHB water cannon sprays water over the barbed wire cordon while still moving forward.
This is the first evidence of any WC spray.
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4
15:53:43
(Reuters footage at 00:00:07)
Lead protestor group (circled in red) approaching.
No evidence that any of the water sprayed by JHB water cannon is directed towards them
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5
15:53:45
(Reuters footage at 00:00:09)
NW and JHB water cannons visible behind Nyala 6. JHB water cannon is still moving forward.
Note the direction the WCs are facing.
JHB WC
NW WC
Nyala 6
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6
15:53:46
(NW WC Camera @ 16:16:04)
NW water cannon sprays for the first time in a short burst aimed towards Nyala 4.
NB: at this stage the lead protestor group is well to the right of the spray
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15:53:47
(FLIR Camera @ 15:59:09)
JHB water cannon sprays a further spray over the line of barbed wire.
NB: the lead protestor group is well to the right of the spray.
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16:53:50
(NW WC Camera @ 16:16:11)
JHB water cannon spray visible. NB the spray does not cross in front of the NW water cannon.
This image corresponds with the time of the start of the volley of TRT fire.
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16:53:50
(Reuters footage at 00:00:14)
Volley of TRT gunfire erupts.
Note that there is no indication that any of the water sprayed by the JHB water cannon lands anywhere near the lead
protestor group.
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Conclusions on the use of water cannon at scene 1
1. Water cannons cannot have been used to repel an attack during alleged incident 2, given that:
Alleged incident 2, if it occurred, occurred between 15:51:55 and 15:53:004
The NW water cannon:
o did not properly set off from its pre-deployment position until 15:52:35
o did not arrive at the kraal until 15:53:43
o did not fire any water until 15:53:46
The JHB water cannon :
o did not properly set off from its pre-deployment position until 15:52:48
o was still a considerable distance from the kraal at 15:53:14
o does not appear to have fired any water significantly before 15:53:43
o does not appear to have arrived properly at the kraal until 15:53:46
2. Water cannons were only used at scene 1 within 10 seconds of the volley of TRT gunfire.
3. Water cannons were not used to spray water at the lead protestor group at all
4 And more likely between 15:51:55 and 15:52:05, on the basis of the footage from Channel 4 Dispatches considered in CALS analysis: Scene 1 protestor route.
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1
SECTION 4
CONCLUSIONS
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Overall conclusions on the use of stun grenade, tear gas and water cannon at scene 1
1. No tear gas canisters were used more than 20 seconds prior to the volley of TRT gunfire
at scene 1.
2. No stun grenades were used more than 20 seconds prior to the volley of TRT gunfire at
scene 1.
3. No water cannon was used more than 10 seconds prior to the volley of TRT gunfire at
scene 1.
4. If alleged incident 2 occurred at all, neither tear gas, nor stun grenade, nor water cannon
was used to repel the alleged attack.
5. There is not a single piece of objective evidence that confirms that “incident 2” took
place. Footage taken from the Channel 4 ‘Dispatches’ programme ‘South Africa’s Dirty
Cops’ suggests it may not have taken place at all.
