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Marikana miners ‘disappointed’ over dismissed court order

An attorney for the miners says they have to wait two more weeks before the Marikana report is released.

Miners fill the court room as they await judgement for the release of the Marikana report on 15 June 2015. Picture: Kgothatso Mogale/EWN.

JOHANNESBURG - The Marikana miners on Monday said they were disappointed that their urgent court application was dismissed, meaning they have to wait until the end of the month to receive the Farlam Commission of Inquiry's report.

The High Court in Pretoria has found that it's not irrational or improper for Zuma to release the report by the end of the month.

The wounded and arrested miners sought a court order to compel President Jacob Zuma to release the report before 30 June.

In August 2012, 34 miners were gunned down by the police at Lonmin's Marikana mine during a labour protest.

Ten people were also killed in the days leading up to the shooting including a mineworker, strikers, two Lonmin security guards and two policemen.

An inquiry was established by the president to investigate if the police were justified in using lethal force.

The inquiry sat for 293 days and heard testimonies from 50 witnesses about the violence that broke out at the North West platinum mine in 2012.

Zuma vowed to release it by that date, saying he needed time to consider the serious recommendations.

Attorney Simon Tlhatlha said they had to wait for two more weeks before the report is released.

"We have said in court that we want the report immediately but if we don't have the court order there is nothing we can do."

It's unclear at this stage if any further court action will be taken but as it stands, the president has until 30 June to release the report.

All parties have agreed that Zuma must give 48 hours' notice before doing so, whether it's on 30 June or sooner.

Meanwhile, it's unclear if the Marikana miners will pursue further court action to compel Zuma to release the report.

More than miners filled the court room some standing and some sitting on the floor, hoping their lawyers would be able to have the report released immediately.

Judge Neil Tuchten was very brief with his judgment.

"I make the following order, the application is dismissed."

The written judgement was handed over to all legal teams, but lawyers representing the miners say they still need time to go through it.