/ 16 July 2013

Amcu instructs lawyers to withdraw from Marikana commission

Amcu Instructs Lawyers To Withdraw From Marikana Commission

Trade union Association of Mineworkers and Construction Union (Amcu) instructed its representatives on Tuesday to temporarily withdraw from the proceedings of the Farlam commission of inquiry.

The move followed an announcement on Monday of a withdrawal by lawyers representing the families of mineworkers killed during the unrest involving Lonmin platinum's workers in Marikana last year.

The families' lawyers stated their withdrawal was in solidarity with the mineworkers who were wounded and arrested on August 16, and were no longer represented at the commission.

Irene de Vos, for the Amcu, said a final decision on the union's future participation at the commission would be announced.

"Amcu supports the families' approach. They support what Ms Lewis placed on record earlier."

Nicole Lewis represents the families of the mineworkers killed.

"The position is not final, it is under review, but until further notice I have been instructed not to partake in these proceedings," De Vos said.

Commission chairperson, retired judge Ian Farlam, asked her whether her clients had instructed her to sit in and not participate, or to leave the hearings. She said she had been instructed to leave the room.

'They don't want to be present'
Lawyers for families of miners killed in Marikana, North West, last year, provisionally pulled out of the commission's proceedings earlier on Tuesday.

Lewis announced after a lunch adjournment that the families were acting in solidarity with the group of mineworkers wounded and arrested on August 16.

"The family members have given instructions for us to place on record. They feel very uncomfortable participating as long as the miners who were injured and arrested aren't present or at the very least [if] their position is clear," she said.

"As things stand at the moment, they [the families] have a very strong feeling that they do not wish to participate further [at the commission]. We will take further instructions from them tomorrow [Wednesday]."

Lewis said the families' final decision would be announced on Thursday.

"Until that time, the family members won't be participating … Essentially they don't want to be present in the commission and they also don't wish their legal representatives to be present."

Farlam replied, "It's a pity, but you will have the transcript, to study it. I am not sure if your clients [can] prevent you from doing that."

Financial constraints
On Monday, lawyers representing the mineworkers wounded and arrested provisionally pulled out of the commission's proceedings.

Dali Mpofu announced the decision to withdraw, pending a high court 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.

On June 21, 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 in August.

The commission is set to resume on Thursday morning. – Sapa