Mpofu to challenge Mr X's mental state
The Farlam Commission of Inquiry on Monday dismissed a similar application.
PRETORIA - Advocate Dali Mpofu on Monday indicated he may approach the courts in order to have ' Mr X' admitted for mental observation.
Earlier on Monday, his application was dismissed at the Farlam Commission of Inquiry in Centurion, Pretoria.
The hearing was set up by President Jacob Zuma shortly after 34 striking miners were gunned down by police during a wage strike in Marikana in the North West.
The striking mineworker, known only as Mr X, turned police witness and testified from an undisclosed location for his own safety.
He spoke about the violent behaviour of miners during the August 2012 strike.
Mpofu told the inquiry that miners he is representing believe Mr X is delusional because he accuses them of using muti to protect themselves.
The commission dismissed the application, saying there isn't sufficient evidence to support allegations the witness is unstable.
Mpofu said his clients believe Mr X has a metal plate in his head from an injury and may have been tortured by police.
Strike leaders say this is the first time they've seen the man, who claims to be part of the group of protesters, despite claims last week saying they know exactly who he is.
The police's legal team argued it was Mr X's constitutional right to believe in traditional healing and muti.
Lawyers said this didn't make him unstable or incompetent as a witness.
Mr X is testifying from an undisclosed location for his own safety.