No Legal Aid for Marikana miners

Marikana miners arrive at the Ga-Rankuwa Magistrate's Court under heavy police guard to apply for their release, Monday, 3 September 2012. The 140 were among 270 arrested for public violence after the police opened fire on a group of protesting workers, killing 34 and wounding 78 near Lonmin's Marikana platinum mine on August 16. Ten people, including two policemen and two security guards, were killed in the preceding week. Last week, prosecutors said the men arrested would be charged with the murder and attempted murder of their colleagues. Following a public outcry the charges were provisionally withdrawn on Sunday. Picture: Werner Beukes/SAPA

Marikana miners arrive at the Ga-Rankuwa Magistrate's Court under heavy police guard to apply for their release, Monday, 3 September 2012. The 140 were among 270 arrested for public violence after the police opened fire on a group of protesting workers, killing 34 and wounding 78 near Lonmin's Marikana platinum mine on August 16. Ten people, including two policemen and two security guards, were killed in the preceding week. Last week, prosecutors said the men arrested would be charged with the murder and attempted murder of their colleagues. Following a public outcry the charges were provisionally withdrawn on Sunday. Picture: Werner Beukes/SAPA

Published Oct 30, 2012

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Rustenburg -

Legal Aid SA said on Tuesday it will not help the miners who were injured or arrested during the shooting in Marikana.

It would however continue to provide support to the families of the 34 miners killed on August 16, but not to the 78 people who were wounded in the shooting, or the 275 who were arrested.

“We still hold the view that we cannot go beyond making an exception for the families of the deceased miners,” it said in a statement.

“Our policy on provision of legal aid is contained in the Legal Aid Guide... (which) does not make provision for Legal Aid SA to make available legal representation at commissions of inquiry, nor are we funded to do so by the department of justice.”

Legal Aid SA said it made an exception for the families, as they had lost their breadwinners.

Retired judge Ian Farlam, who chairs the judicial commission of inquiry into the Marikana shooting, previously said both the families and the miners deserved to have representation at the inquiry.

The organisation said it provided R1.2 million to pay the legal team acting on behalf of 23 families.

“Legal Aid SA operates within a very limited budget... nevertheless, a decision was taken to fund the bereaved families as they represent a vulnerable group in society, and which funding could be accommodated within the constraints of our limited budget.”

The organisation said miners would be represented by the National Union of Mineworkers and the Association of Mineworkers and Construction Union at the inquiry.

“Legal Aid SA may also be able to assist affected miners and families in criminal and civil matters following the inquiry,” it said.

On August 16, police shot dead 34 miners and wounded 78 when trying to disperse strikers near the Lonmin mine.

The commission resumed public hearings on the matter in Rustenburg on Monday. - Sapa

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