Legal Aid to appeal judgement in Marikana commission

Tuesday, November 5, 2013

Pretoria – Legal Aid SA has announced that it has filed an application for leave to appeal the recent North Gauteng High Court judgement compelling the organisation to provide funding for the legal representation of the injured and arrested miners in the Marikana Commission of Inquiry.

In a statement on Tuesday, Legal Aid SA’s CEO Vidhu Vedalankar said: “We stand by our view that the judgement will have an effect on the sustainability of the organisation in providing access to justice in criminal and civil legal aid matters for the poor and vulnerable.”

Legal Aid SA has been advised that the legal team representing the injured and arrested miners will apply for an order in terms of rule 49(11) of the Uniform Rules compelling Legal Aid SA to comply with the court order while the appeal is considered.

Legal Aid SA said it would not oppose the order to fund the injured Marikana miners in the Commission of Inquiry pending the finalisation of the appeal process.

The commission – chaired by retired judge Ian Farlam – was set up by President Jacob Zuma to look into the tragic events which took place around the Marikana mine in Rustenburg in the North West province.

At least 44 people were killed, while roughly 70 were injured and about 250 were arrested in the wake of strike-related unrest. – SAnews.gov.za