Legal Aid vs Marikana workers matter taken to ConCourt

Legal Aid initially refused to fund the injured and arrested miners saying it didn't have the money to do so.

FILE: The Constitutional Court on Thursday will hear arguments about why Legal Aid South Africa should not be obliged to fund parties who are part of a commission of inquiry. Picture: Christa van der Walt/EWN

JOHANNESBURG - The Constitutional Court on Thursday will hear arguments about why Legal Aid South Africa should not be obliged to fund parties who were part of a Commission of Inquiry.

Legal Aid initially refused to fund the injured and arrested Marikana miners saying it didn't have the money to do so.

It eventually paid for their representation, but said this will now set a precedent for future public hearings.

No matter the outcome of this court case, Legal Aid will not be asking for a refund.

They represented the Marikana miners at the Commission of Inquiry but Legal Aid's Patrick Hundermark said this went against its mandate.

"We provided the funding but then held back to our right to be able to appeal the decisions specifically because it has broader impact than just this one case. It has an ongoing effect on our work and it is because of that, that we have to get clarity."

Meanwhile, the Marikana Commission of Inquiry has handed over its final report to President Jacob Zuma who says he is still processing it and will make it public in due course.