Madonsela cannot help in Marikana funding case
THE Office of the Public Protector would not be able to assist the injured and arrested Marikana miners who are trying to obtain government funding for their participation in the Marikana Commission of Inquiry.
Thuli Madonsela said yesterday at a media briefing on the continuing investigations by her office that the issue regarding the fairness of the state funding the South African Police Service’s (SAPS) representation at the Farlam Commission, but not that of the mine workers, fell out of her jurisdiction when it went to court. “The constitution is very clear that once a court has spoken, I have no jurisdiction and that is a universal thing,” she said.
The matter is before the North Gauteng High Court after an urgent application to the Constitutional Court was dismissed.
The mine workers launched a fresh court bid yesterday to compel the government to provide them with funding for legal representation at the Marikana Commission of Inquiry.
The more than 270 workers’ legal representatives stopped attending proceedings at the commission in July because of lack of funding. The workers also failed to obtain an interim order in the high court in July to compel the government to provide it with funding pending the review of the decisions by Legal Aid SA and Justice Minister Jeff Radebe not to provide them with funding.
Dali Mpofu, advocate for the injured and arrested miners, said yesterday the state was responsible for financing rights guaranteed in the constitution.
He also said the Presidency, the justice minister and Legal Aid SA had misled the public by focusing on the fact that the commission was not a court of law, and its outcomes did not have consequences. He said the constitution stated that everyone deserved a fair public hearing. He said this case was not about access to court, but about access to justice.
The workers are supported in their quest to get legal funding by the families of the 36 miners who were killed by members of the police in Marikana on August 13 and August 16 last year.
They are also supported by the Association of Mineworkers and Construction Union.
Dumisa Ntsebeza SC, for the families, told the court that all parties must have an equal opportunity to put their cases before the commission. The families had indicated in court papers that they sought to know the truth about what happened in Marikana in order to bring closure and to safeguard their rights in relation to possible future civil claims against the police.
The matter continues.