The North Gauteng High Court found that outstanding issues related to funding, that were not specified to the court, had prejudiced some of the respondents and hampered the miners' justification for state funding.
This emerged as judge Joseph Takalani Raulinga read his judgment in the urgent application for funding brought by the legal team representing over 270 injured and arrested miners at the Marikana commission of inquiry.
This week, the Daily Maverick reported that some of Dali Mpofu’s team’s legal woes were due to inadequate accounting regarding the usage of funds given by the Raith foundation.
But Mpofu’s team refuted the allegations, saying any funding they have received thus far would have only covered a fraction of the months they had been working on the Marikana `commission and criminally related matters which emanate from the August 16 strike, in which 34 miners were shot down by the police.
Earlier this week, the team announced it was provisionally pulling out of the proceedings pending the outcome of its application, which was launched on June 24. Other parties have since pulled out in solidarity, including the Legal Resources Centre, parties representing the families of the deceased and the Association of Mineworkers and Construction Union.
In delivering his judgment, Raulinga said the applicants had the right to legal representation but whether that right was at the expense of the state was another kettle of fish. He added that the funding for the lawyers of the respondents was sanctioned by law and no direct discrimination existed in the current status quo, as the right to legal aid was not absolute.
This week, deputy North West police commissioner William Mpembe was still under cross-examination by the evidence leaders. However, the commission was seen as fast losing credibility as some of the interested parties would not be present to cross-examine the policeman, who gave crucial testimony regarding the days leading up to August 16. The commission will resume on Monday, possibly with crucial parties not in attendance.
Andries Nkome, an attorney working with Mpofu’s team stated the team would lodge an urgent appeal with the Constitutional Court and would not return to the commission pending the outcome of that process
On Thursday, commission spokesperson Tshepo Mahlangu said the commission would continue regardless of the outcome as the commissioners and the team of evidence leaders were not on anybody’s side but were there to ensure that the rights of the witnesses were not violated.
"As you have seen with the police commissioners and the and other high ranking officials, all witnesses have been put on the same pedestal."