Text of letter from Audrey Elster, Director of Raith Foundation, to Evidence Leaders for the Marikana Enquiry, June 27 2013
27 June 2013
Evidence Leaders for the Marikana Enquiry c/o Mr G Budlender SC
902 Huguenot Chambers
40 Queen Victoria Street Cape To wn, 8000
Dear Mr Budlender
INFORMATION REGARDING GRANT FUNDING PROVIDED BY THE RAITH FOUNDATION IN RELATION TO THE MARIKANA COMMISSION
T h e trustees of the RAITH Foundation have carefully considered your request. of 25 June 2013 for informa tion regarding its grant to Maluleke, Msimang & Associates ("MMA"). I n the interests of completeness and in order to provide context for the facts set out
below, we furnish more detailed Information regarding all of our support for the Marikana Commission.
The RAITH Foundation is a private South African Foundation that has been making grants since 2001. Since 2010 lt has been involved in funding for social justice.
Through our funding we aim to effect systemic change in the interests o f fairness and justice. Our objective is to assist in building an active citizenry, one that has access to resources and opportunities. We also support Government and the private sector to fulfil their responsibilities. Our specific projects include enabling access to justice; information and education, and projects aimed a t ensuring greater accountability and improved governance. All funding must be approved by the board of the Foundation.
It is in light o f this strategy that we have, in addition to other funders, been involved in supporting legal representation and research to be presented at the Marikana Commission. We feel that the differential levels of financial support available to those affected by and involved in the Marikana crisis is unfair and unjust. This is particularly the case in relation to those groups with the least resources, who were witnesses to the events and who were directly affected by them such a s the Clients of MMA. We feel that should these parties not be able to be involved, the Commission and its findings will be the poorer for it so, in the interests of equality and justice and for the full truth to emerge, we feel that all concerned parties should be supported so as to ensure adequate legal representation and a robust Commission.
We were approached initially on an emergency basis in September 2012 by 3 organisations, LRC, SERI and the University of Johannesburg. After due deliberation and coordination with other donors, we agreed to provide the following funding support:
A contribution to the costs of the LRC's work at the Commission. This included research into Lonmin's policies as they relate to BEE, social and labour plans and its houslng, water and sanitation arrangements for the Lonmin "township". This grant totaled R 1 000 000 and was spent during the period 1 October 2012 to 31
March 2013. Professional fees paid by the LRC under this grant were comparable to those approved by Legal Aid South Africa.
A grant to SERI, totaling R900 000. This amount was originally granted in order to support the costs of legal representation of a number of families whose loved ones ha d been killed at Marikana (in respect of which no legal aid had been approved a t that stage), as well a s the costs of representing AMCU. We were subsequently advised that legal aid had been approved in respect of the Families and we agreed that the grant could, in the main, be used for the representation of AMCU. This grant also covered the period 1 October 2012 to 31 March 2013. The professional fees paid under this grant were comparable to legal aid rates; and
A research grant o f R262 500 to the University of Johannesburg's Research Chair in Social Change for research work into miners' experience a t Marikana through their own testimony. This project aimed to provide a fuller picture than what was then presented In the media on the events at Marikana. This grant was c ompleted at the end of 2012.
Subsequently, in October 2012, we were approached by Maluleke Msimang & Associates who had been trying to access funding for their clients through Legal Aid South Africa and had been unsuccessful. As you are aware, Maluleke Msimang & Associates are representing the group known as "the injured and arrested persons" in the Commission. As such they had a large team but their initial informal request for approximately R6 million for the period October to December 2012 was more than RAITH could afford. How ever, in November of 2012 we did make an emergency grant to them, stipulating rates for advocates and attorneys comparable to those approved by Legal Aid South Africa and payment on receipt of invoices. The grant was limited to the period 1 October to 31 December 2012.
The total amount paid on this grant was R2 819 962. This funding included professional legal fees for attorneys and advocates (excluding disbursements) of R2 632 760 a t the agreed rates.
In about late January 2013, Maluleke Msimang again engaged with the Foundation because their further fundraising efforts ha d been unsuccessful. A formal proposal (which w as for an amount of R6 739 250 for the period January 2013 to Ma y 2 013 ) was considered at the next RAITH Foundation Board meeting on 16 M arch 2013. At this meeting the Foundation approved (in principle) an additional grant In an· amount of R2 million in respect of Maluleke, Msimang & Associates clients' legal costs at the Commission for the period 18 March 2013 until 31 May 2013 (at the time, this was understood to be the·stipulated termination date of the Commission). A detailed budget for this approved amount has not been discussed and no binding funding agreement has yet been concluded, nor have any funds been disbursed.
Up on being advised of the decision, MMA requested that we review it and that this grant be used also foi- the purposes of covering leg al expenses between 1 January and 16 March 2013, but this request was declined.
As matters currently stand, it is not clear to us whether IVIMA intends to take up the funding as approved. Should they do so, the Foundation will require the completion of all reporting requirements associated with the first grant referred to above and it will be necessary to conclude a funding agreement, which will include a budget.
Finally, the RAITH Foundation has not approved any funding to any party in respect of legal representation at the Marikana Commission f or any period after 31 M a y 2013.
Yours sincerely
Signed
Audrey Elster
Director
Transcribed from PDF. As such there may be errors in the text. Please see the original here.
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