Lawyers for the victims of the Marikana tragedy will appeal the North Gauteng High Court ruling dismissing their application for State funding.

The victims are seeking State support to fund their legal representation.

Their lawyers temporarily withdrew from the Marikana hearings , three more legal representatives also withdrew in support of the victims.

They respectively represent injured miners, the families of the miners killed, the Legal Resources Centre and union AMCU.

The application for State funding was spearheaded by Dali Mpofu, on behalf of injured miners.

“We will continue, but in the event that they don’t want to participate in the commission, we have a right by law to subpoena them to come and testify at the commission,” says Commission spokesperson Tshepo Mahlangu.

But the appeal could stall the commission’s work, it has until October to conclude hearings.

The withdrawal of the victims’ legal team has led to some uncertainty in the proceedings at the Marikana inquiry.

Legal Aid SA says its financial support is determined by the country’s Legal Aid Act.

“We are funded to do civil cases and criminal cases which are in the judicial sphere, commissions of inquiry fall within the executive sphere of government and are appointed by the executive. We can only do that if we are authorised to do both in terms of the legal aid act and guide, we can’t work outside that,” says Legal Aid’s Patrick Hundermark.

A prominent religious leader and mediator during the Marikana unrest says the developments are unfortunate.

“It was almost rubbing salt to a wound, these people are wounded, still suffering and have not recovered and are not out of mourning their brothers, cousins and are told you have no place in our new democracy,” says a concerned Bishop Jo Seoka.

The commission has adjourned until Monday where further instructions from victims’ lawyers are expected.
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