pending the outcome of its Constitutional Court appeal. This follows a decision by the North Gauteng High Court that the state is not legally obligated to provide funding to the miners who are participating in the commission.
The team, led by advocate Dali Mpofu, provisionally pulled out of the inquiry earlier this week, pending the outcome of its application. Other parties have since pulled out in solidarity, including the Legal Resources Centre as well as lawyers representing families of the deceased and the Association of Mineworkers and Construction Union (Amcu).
Judge Joseph Takalani Raulinga ruled that the applicants have the right to legal representation, but whether that right is at the expense of the state is "another kettle of fish".
He added that funding for the lawyers of the respondents is sanctioned by law and no direct discrimination exists in the current status quo, as the right to legal aid is not absolute.
He said the applicants had not fully disclosed matters related to the interim funding they had received and therefore the respondents –primarily President Jacob Zuma and Justice Minister Jeff Radebe – could not fully investigate the consequences of not funding them.
This week Mpofu's team refuted allegations that they had not accounted for their sporadic funding, which had come from the Raith Foundation.
Andries Nkome, an attorney in Mpofu's team, said: "We've been funded from October to December and from mid-March to the end of May. If you include the criminal matter [involving the initial arrest of the Lonmin strikers], it's almost a year now that we've been working without pay."
Evidence leaders
On July 5, Maluleke Msimang and Associates, representing the miners, wrote to the office of the state attorney, asking it to pay interim legal fees until the fee dispute was resolved. The letter warned the state attorney that the miners will not participate in the commission unless these interim legal fees are paid.
The letter also said the families of the deceased and injured South African police members will be represented by advocate Takalani Masevhe of the Pretoria Bar.
Deputy North West police commissioner William Mpembe was this week still under cross-examination by the evidence leaders.
However, the commission may lose credibility as some parties will not be present to cross-examine police officers who gave crucial testimony regarding the days leading up to August 16.
On July 18, commission spokesperson Tshepo Mahlangu said proceedings will continue regardless of the court outcome as the commissioners and 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 other high-ranking officials, all witnesses have been put on the same pedestal."
Loyiso Mtheketshe, an Amcu member and Lonmin employee, compared the judgment to being "shot and dumped" again, making it clear that the commission was no longer a fact-finding mission but "an elaborate act of obfuscation".