Marikana funding case may go to ConCourt – Dali Mpofu

2013-07-18 18:09

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Advocate Dali Mpofu would launch an urgent application at the Constitutional Court, he said, after the high court in Pretoria had dismissed an application for the state to fund legal representation for the victims of the Marikana shootings.

“I agree with the state that the application cannot succeed,” Judge Joseph Raulinga said today.

“The application is dismissed. I need to say that nothing prevents the parties from settling this matter outside the courts.”

Mpofu, acting for the wounded and arrested Marikana miners at the hearings of the Marikana Commission of Inquiry, brought the urgent application for the state to fund their legal representation.

He wanted President Jacob Zuma and Justice Minister Jeff Radebe to approve state payment of the mine workers’ legal team.

Miners and their families packing the courtroom grunted in disapproval when Raulinga made his ruling.

The judge found the application was urgent and “class action” for the case was certified.

There was no cost order.

“They (the applicants) say the separation of powers is not implicated in this matter. I disagree,” he said.

“The duty of determining how public resources are to be drawn upon ... lies in the heartland of the executive.”

He said he could only grant such an order if there was proof of unlawfulness, fraud, or corruption.

“I do not find any in this case,” he said.

Raulinga said it was the prerogative of the executive to decide how to fund commissions.

After Raulinga read the judgment into the record, Mpofu asked him to indicate when the typed judgment would be available so that he could launch an urgent application at the Constitutional Court.

The application was urgent as it would have implications for the commission.

Raulinga said he would try his best to make sure it was available “as soon as possible”.

Last Thursday, Mpofu told the court the miners wounded and arrested at Marikana last year were entitled to legal representation at the state’s expense.

He told the court the legal team had not received any funding from June to October, and that the commission was unlikely to finish its work by its extended deadline of October 31.

The commission is investigating the deaths of 34 striking mine workers, shot by police at Marikana in North West on August 16 last year, and the deaths of 10 people in strike-related violence the previous week.

On Monday, Mpofu provisionally withdrew from the commission pending the outcome of the court case.

Two other parties participating in the commission – the Legal Resources Centre and the families of the miners killed – also provisionally withdrew.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/Africa
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.