On 14 October 2013, the Pretoria High Court ordered Legal Aid South Africa (Legal Aid) to fund the legal representation of the arrested and injured miners at the Marikana Commission. The court recommended to Legal Aid that that the miners’ current legal team – consisting of two counsel and a firm of attorneys – be maintained. The court found that Legal Aid’s decision to fund the legal representation of the families and not the miners “cannot be justified on any rational basis” and refusal to provide funding to the miners was unlawful.

SERI welcomes the judgment, and wishes to confirm that lawyers for the families of the deceased miners and the Association of Mineworkers and Construction Union (AMCU) will continue to participate in the Marikana Commission’s proceedings from 15 October 2013.