Marikana credibility threat

The credibility of the Marikana Commission of Inquiry is on the line - lawyers representing the families of the miners killed in the massacre last year at Marikana, North West, pulled out of the commission yesterday.

They were told to quit by their clients in solidarity with the lawyers representing wounded and arrested Marikana miners, who walked out on Monday pending the outcome of their high court application for state funding.

Black Lawyers Association president Busani Mabunda said his organisation had warned in November that the lack of state funding for the families of the wounded and of arrested miners would adversely affect the commission's work.

"It seriously affects the credibility of the commission because they [the injured and arrested miners] are the subject matter and without them there would be no commission of inquiry," Mabunda said.

"This could have been averted long before. It has everything to do with funding."

He said the families of the miners shot at Marikana could not benefit if the commission's hearings proceeded without the participation of the injured and arrested miners.

Mabunda argued that the injured and arrested miners had witnessed the shootings and were therefore an integral part of the commission's procedures.

He said government officials testifying to the commission, including national police commissioner Riah Phiyega, had legal representation funded by the state.

He asked why such funding could not be extended to the wounded and arrested miners.

"What is good for the goose must be good for the gander," he said.

Echoing Mabunda's sentiments, the DA's spokesman on mineral resources, Hendrik Schmidt, said justice had to be seen to be done. He said this was possible only if the affected people had legal representation.

"It is an unfortunate position but justice needs to be seen to be done and unfortunately it costs money.

"I would have hoped that the government would have seen fit to make funds available for [advocate Dali] Mpofu to continue," he said.

Acting on behalf of the injured and arrested miners, Mpofu earlier this week withdraw pending a Pretoria High Court ruling on his application for the state to fund his legal team.

The commission, chaired by retired Judge Ian Farlam, was initially given four months to complete its work. But this deadline was extended to May 31 and then to the end of October.

Schmidt said the extensions had cost implications but "processes like this tend to have a life of their own and drag on.

''But there is nothing that can be done because we have to be thorough."

The hearings resume tomorrow.