Lawyers pull out of Marikana inquiry

2013-07-15 14:47

Pretoria - Lawyers representing the mineworkers wounded and arrested during the Marikana labour unrest last year provisionally pulled out of the Farlam Commission of Inquiry's proceedings on Monday.

Advocate Dali Mpofu announced the decision to withdraw, pending a North Gauteng High Court in Pretoria ruling on his application for the State to fund the legal team.

"Our instructions [from the mineworkers] are to await the judgment and at that point to receive further instructions. In the meantime, we will not be participating for the victims," he said.

"If we are back later on in the week, we will have the extra burden of catching up with what would have happened [at the commission]. We have been consulting with a small delegation of the victims now. We are still going to consult with the larger groups."

On 21 June Mpofu told the commission that, due to financial constraints, it could be his last day representing the miners. He then brought the urgent court application seeking funding for representing the mineworkers.

Mpofu wants President Jacob Zuma and Justice Minister Jeff Radebe to approve payment for the mineworkers' legal team.

The commission is investigating the circumstances surrounding the deaths of 44 mineworkers in strike-related violence in Marikana, North West, in August.

On Monday, Mpofu promised the commission's chairperson, retired judge Ian Farlam, that he would update the commission about his team’s decision, based on the court outcome.

"Irrespective of the outcome, as professionals, we have a duty to come here and brief the commission. We are not going to just disappear," he said.

Contrary to media reports, the high court ruling could be made "anytime from now".

"In the media, it's being said the judge will give his decision on Thursday. The judge did not say that. The judge simply said he would give his judgment this week.

"In reality, the judgment could be in the next two hours, tomorrow, or anytime this week," he said.

As Mpofu and his team were left the Tshwane council chambers, where the commission was holding its public hearings, Farlam inquired about Mpofu’s recovery from stab wounds he sustained a while ago.

"I will take further instructions from my clients," said Mpofu jokingly.

The former SABC CEO was stabbed and robbed while walking on an East London beach in April.

  • Philip Johnson - 2013-07-15 14:56

    Let me see if I get this right? The complainants want the defense to pay for the prosecution? Have they been drinking that muti that was taken to protect the miners from bullets?

      Godfrey Welman - 2013-07-15 15:08 was never the intention to prosecute the Police, only to smooth over the emotions and get NUM back in Lonmin. Adv. Mpofu is a ANC Member.

      Fussed Anderson - 2013-07-15 15:17

      They see jz milking the tax payers, now they want there slice off the big payday.

      kalabafazi - 2013-07-15 15:47

      It's all about the money and not about the "victims". If the "victims" don't have money then any interest in their plight will wane rapidly.

  • IRep Blacks - 2013-07-15 15:06

    I wouldn't be surprised if Dali Mpofu joins the DA, he is a snake in the grass

      Godfrey Welman - 2013-07-15 15:16

      Why should he, e is doing what his master ask of him....first move the venue (to ensure the people from Marikana can't protest outside the venue) now money is a issue. How many days and at what cost was wasted with the Police Commissioner on the stand, saying "I can not confirm, nor deny that"

      Freddie Miller - 2013-07-15 15:53

      Why would he when he can have his cake and eat it with the ANC?

  • Sukoluhle Ndunyana - 2013-07-15 15:06

    It was just a waste of money and time ,I knew it will end up there because the anc know who responsible the marikana killings , where is guptagate enquiry im black man and i will vote da next election

      Simphiwe Charlie - 2013-07-15 15:19

      you must be very desperate.

      Kuno Tschumi - 2013-07-15 15:35

      simphiwe, Sukoluhle is not at all desperate, but just far more clever than you are.

      Anneline Etienne Gouws - 2013-07-15 15:52

      So happy that there are smart people like you that think with their head!

      Twopac Shakur - 2013-07-15 15:53

      @sukoluhle.Don't be a fool.If you gonna vote for DA then I suggest you start preparing yourself for oppression.

      Freddie Miller - 2013-07-15 16:00

      Twopac, since when does transparent, accountable governance equate to oppression?

      Bryan Culross - 2013-07-15 16:14

      we are desperate simphiwe .... for a new gov

      Nkosinathi Maseko - 2013-07-15 16:32

      Sukoluhlo Ndununyana, I am very much proud of you. According them, you know who, you are the most clever, smart, brainy, intellectual, knowledgable and a witty black person out there, only because you are voting DA/FF+/AWB/. How I love them charlatans.....

      Al Loots - 2013-07-15 16:49

      Look everybody, the Teabag Sucker speaks. Don't take him seriously. He supports the Economically Fat Farts. Hoping he'll get his shares in KFC when they ''take'' power. Don't worry boy, at least you'll get your red fools cap. Yours will read MORON.

  • Vuyiswa Mgidlana - 2013-07-15 15:10

    Ja ne no pay no work the struggle goes on maqabane.

  • Mlondolozi Vincent Matshini - 2013-07-15 15:24

    No suprises here. The government wouldn't fund the same people who could expose them. Him(Mpofu) pulling out is exactly what they want. Move on South Africa we will never prove who is responsible for the Markana masacre.

  • Vmesh Memla - 2013-07-15 15:27

    Hey, hey, not so fast... Who must fund the killers??

  • Angle Grinder Man - 2013-07-15 15:38

    Who is meant to represent workers? The unions. Who should therefore pay for the lawyer bills, well obviously the unions. But the truth is that Union Bosses don't really care too much for the lives and well-being of their members, just the monthly stipend that goes towards their fancy lifestyles and that pays for their political patronage. Once they died they could no longer provide money for NUM & AMCU and therefore became worthless to the Unions.

      Louis Hager - 2013-07-15 15:52

      Hear, hear

      Peter Walters - 2013-07-15 15:53

      Agree with you. The defense cannot pay to be prosecuted. The unions is the obvious answer as this is their responsibility, and they started all the trouble - their members murdered people in the worst possible way.

      Al Loots - 2013-07-15 16:40

      So sad, so true. Where is cANCer and Cosatu on this, they're the big union supporters. Hypocrites.

  • Freddie Miller - 2013-07-15 15:52


  • Moshe Maphoru - 2013-07-15 16:37

    @ Phillip Johnson, this is an enquiry established by government in terms of its own Terms of Reference. Although proceedings are conducted in a similar fashion, It is not a court of law and as a result there is no complainant nor Plaintiff and the defendants.

      Gareth Deeble - 2013-07-15 17:50

      Ask the union to pay

  • Raymond Kok - 2013-07-15 17:15

    i say it again pay the people the money because at this rate nobody will be prosecuted,we all know the police messed up why lat a commision tell you that 5 million rand later

  • Kosie Nel - 2013-07-15 17:25

    Money, money, money!!!!

  • Kenny Ntamela - 2013-07-15 17:41

    who ws hired u dali mpofu n is a union or mine workers tel them to pay mpofu n malema ws voluntary to assist mine workers about all expensis frm bail n hired laywer with yo own 2gether with malema

  • Funwithgoats - 2013-07-15 17:46

    Jacob Zuma only approves payments to himself his family and friends.

  • Hendrick Mokwale - 2013-07-15 17:56

    It seems Dali Mpofu is the most expensive lawyer of our life time,not evn Govmnt&unions can afford him?unless thers hidden agenda behind this.

  • Reinhardt Rossouw - 2013-07-15 18:00

    The only reason they took the case was to be seen as so called heros, thinking they might roll in fame and fortune due to their unselfish acts. Bunch of hypocritical idiots, that's all they are.

  • Eriki Masha - 2013-07-15 18:12

    Only in South Africa these things happen. Boeremag gets representation of its choise payed by the state, cheap black miners are worthless for representation. Now police are running the other side dry by prolonging this enquiry.

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