Marikana: President Zuma and DoJ must step in and fund miners' legal fees 

The DA notes the Constitutional Court decision today to dismiss Advocate Dali Mpofu's appeal to compel the state to fund the mineworkers' legal representation at the Farlam Commission. The Commission, established by President Jacob Zuma last year to investigate the tragic events that led to the death of 44 South Africans at Marikana, has had its proceedings delayed due to a lack of funding for legal representation for the miners.

The DA fully respects the decision of the Constitutional Court, which was based on upholding the doctrine of separation of powers.

It remains completely unacceptable, however, that the Department of Justice cannot expand its budget to accommodate the legal fees of the victims of the Marikana massacre, without being instructed to do so. Both the South African Police Service and Lonmin Platinum Mines, the other two participants in these hearings, have sufficient legal representation. Denying the mineworkers' right to legal representation will taint the credibility of this commission.

I will write to President Jacob Zuma and the Minister of Justice and Constitutional Development, Jeff Radebe, to request that the Justice Department make funds available for legal representation of the Lonmin mineworkers, and that this is done without delay.

The aim of establishing a judicial inquiry was to get to the bottom of the tragedy that unfolded at Marikana over a year ago. Denying the mineworkers legal representation not only tips the scales of justice to their detriment but it will bring into question the credibility of the Commission in its entirety. President Zuma must do what is right and ensure that the work of the Commission is allowed to continue on a credible basis. 

Those who died on that day, and their loved ones, deserve no less.

Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, August 19 2013

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