20°C / 22°C
  • Mon
  • 19°C
  • 13°C
  • Tue
  • 16°C
  • 12°C
  • Wed
  • 22°C
  • 13°C
  • Thu
  • 24°C
  • 12°C
  • Fri
  • 22°C
  • 13°C
  • Sat
  • 24°C
  • 13°C
  • Mon
  • 27°C
  • 16°C
  • Tue
  • 26°C
  • 15°C
  • Wed
  • 24°C
  • 15°C
  • Thu
  • 26°C
  • 17°C
  • Fri
  • 24°C
  • 17°C
  • Sat
  • 21°C
  • 13°C
  • Mon
  • 18°C
  • 15°C
  • Tue
  • 18°C
  • 14°C
  • Wed
  • 24°C
  • 14°C
  • Thu
  • 25°C
  • 14°C
  • Fri
  • 24°C
  • 15°C
  • Sat
  • 25°C
  • 14°C
  • Mon
  • 21°C
  • 14°C
  • Tue
  • 19°C
  • 13°C
  • Wed
  • 23°C
  • 13°C
  • Thu
  • 25°C
  • 13°C
  • Fri
  • 23°C
  • 13°C
  • Sat
  • 26°C
  • 14°C
  • Mon
  • 21°C
  • 18°C
  • Tue
  • 22°C
  • 18°C
  • Wed
  • 21°C
  • 18°C
  • Thu
  • 22°C
  • 19°C
  • Fri
  • 23°C
  • 18°C
  • Sat
  • 26°C
  • 18°C
  • Mon
  • 21°C
  • 16°C
  • Tue
  • 22°C
  • 16°C
  • Wed
  • 22°C
  • 16°C
  • Thu
  • 22°C
  • 16°C
  • Fri
  • 24°C
  • 16°C
  • Sat
  • 23°C
  • 18°C
  • Mon
  • 32°C
  • 15°C
  • Tue
  • 31°C
  • 16°C
  • Wed
  • 30°C
  • 17°C
  • Thu
  • 32°C
  • 18°C
  • Fri
  • 31°C
  • 18°C
  • Sat
  • 22°C
  • 12°C
  • Mon
  • 27°C
  • 16°C
  • Tue
  • 27°C
  • 15°C
  • Wed
  • 26°C
  • 17°C
  • Thu
  • 28°C
  • 17°C
  • Fri
  • 23°C
  • 18°C
  • Sat
  • 21°C
  • 12°C
  • Mon
  • 20°C
  • 17°C
  • Tue
  • 20°C
  • 15°C
  • Wed
  • 26°C
  • 15°C
  • Thu
  • 28°C
  • 14°C
  • Fri
  • 25°C
  • 16°C
  • Sat
  • 27°C
  • 15°C
  • Mon
  • 27°C
  • 14°C
  • Tue
  • 22°C
  • 13°C
  • Wed
  • 24°C
  • 13°C
  • Thu
  • 26°C
  • 11°C
  • Fri
  • 25°C
  • 13°C
  • Sat
  • 29°C
  • 15°C
  • Mon
  • 19°C
  • 15°C
  • Tue
  • 18°C
  • 15°C
  • Wed
  • 25°C
  • 15°C
  • Thu
  • 24°C
  • 15°C
  • Fri
  • 20°C
  • 15°C
  • Sat
  • 25°C
  • 14°C
  • Mon
  • 21°C
  • 13°C
  • Tue
  • 22°C
  • 12°C
  • Wed
  • 23°C
  • 15°C
  • Thu
  • 24°C
  • 16°C
  • Fri
  • 27°C
  • 17°C
  • Sat
  • 23°C
  • 15°C

'Legal Aid not seeking a repayment of Marikana fees'

Legal Aid says it doesn’t want a court to overrule its discretion, especially since it has budget constraints.

FILE: Widows holding onto red candles to symbolise the blood that was spilt. Picture: Gia Nicolaides/EWN.

JOHANNESBURG - Legal Aid South Africa has argued that a court should not be able to overrule its discretion when allocating funds.

Judgment has been reserved in the Constitutional Court case involving Legal Aid's funding to Marikana miners at the Commission of Inquiry.

In 2013, a High Court ordered Legal Aid to provide funding to the miners and while it did, it says this will set a precedent for future cases.

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 would now set a precedent for future public hearings.

Legal Aid's Gilbert Marcus says it's common course that this case will no practical effect but its' important for future cases.

"Legal Aid is not seeking a repayment of the money that has been paid out, however, the High Court judgment has a far wider implication."

Legal Aid says it doesn't want a court to overrule its discretion, especially since it has budgetary constraints and had already decided to fund the families of the deceased miners.

Advocate Dali Mpofu, who also represented the miners, says Legal Aid mandate has changed.

"Now we're in a different ballgame, in the sense that commissions are fundable."

RAMAPHOSA KILLED THE MINERS

Economic Freedom Fighters (EFF) leader Julius Malema on Thursday said if the Marikana Commission didn't find Deputy President Cyril Ramaphosa ultimately responsible for the shootings almost three years ago it would pursue private prosecution.

Malema was addressing miners outside the Constitutional Court, where a Legal Aid case was heard.

He said the EFF has kept the Marikana issue alive, even by being there to support the workers in the Legal Aid case.

But his message was aimed at the Presidency to release the report, saying the EFF was expecting one outcome, calling Ramaphosa a 'murderer', who instructed many people below him to go ahead with the shooting.

"We don't expect anything from Judge Farlam, except to say that Ramaphosa is responsible for the murder of those workers."

Comments

EWN welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

- Racism (including offensive comments based on ethnicity and nationality)
- Sexism
- Homophobia
- Religious intolerance
- Cyber bullying
- Hate speech
- Derogatory language
- Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the EWN community a safe and welcoming space for all.

EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

comments powered by Disqus