Amcu and EFF at Marikana probe
SUPPORTERS of Amcu and of newly formed political party the Economic Freedom Fighters attended the Marikana commission of inquiry’s hearings in Centurion yesterday.
SUPPORTERS of the Association of Mineworkers and Construction Union (Amcu) and of newly formed political party the Economic Freedom Fighters attended the Marikana commission of inquiry’s hearings in Centurion yesterday.
A triumphant atmosphere prevailed at yesterday’s proceedings, with Amcu president Joseph Mathunjwa saying that the stage was now set to expose the truth behind the deaths of 34 miners who were killed by police while on strike at Marikana on August 16 last year.
Mr Mathunjwa was reacting to Monday’s court judgment that reviewed and set aside Legal Aid SA’s decision to refuse to pay for legal representation at the commission for injured and arrested miners.
Judge Tati Makgoka of the North Gauteng High Court ordered Legal Aid SA to take immediate steps to provide legal funding to the mine workers for their participation before the commission. The court also ordered Legal Aid SA to pay the mine workers’ costs.
Mr Mathunjwa said the court triumph was a “win for the workers”.
“We hope the commission itself will now be able to hear both sides of the story.
“I think now the stage is set for the real game to start. It’s now time to dig for the truth. Why there were these massacres, why such an embarrassment?” he said.
In a rare moment of reconciliation yesterday, Aisha Fundi, the wife of a murdered security guard at Lonmin’s Marikana mine, also welcomed the ruling to represent 250 mine workers, some of whom are allegedly behind the death of her husband. Mrs Fundi said the participation of the miners was crucial in her finding closure and putting the matter of the Marikana massacre to rest.
“I am happy for them. We started the race together; we need them to complete the work of the commission. Although there is still some tension, I am happy for them,” she said.
But Legal Aid SA said yesterday it was taking legal advice on whether it would appeal against the judgment. It said providing legal aid to the injured and arrested miners affected the organisation’s sustainability.
Legal Aid SA said it had reiterated its concern that funding for commissions of inquiry was beyond its mandate and budget, and that providing this funding would have to be done by reducing its budget for criminal and civil matters.
Legal Aid SA CEO Vidhu Vedalankar said that by increasing the scope of assistance to be provided by the body, the high court ruling amounted to the organisation having to reduce its assistance to the poor and vulnerable in criminal and civil matters, to assist those before commissions of inquiry.
“This decision will affect the sustainability of the organisation in providing access to justice in criminal and civil legal aid matters for the poor and vulnerable, unless special funding is forthcoming,” Ms Vedalankar said.
She said the annual budget allocation was fully utilised, with no allowance for anything outside its mandate.
“The available funding, which was meant for criminal and civil legal aid for the poor, will be compromised, meaning fewer people will receive legal aid in criminal and civil matters,” she said.