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Marikana miners may approach ICC

Lawyers for the miners are considering approaching the ICC over the August 2012 shootings at Marikana.

Marikana miners singing outside high court in pretoria on Monday 15 June. Picture; Kgothatso Mogale/EWN

JOHANNESBURG - Lawyers representing the Marikana miners have said it's likely that they will approach the International Criminal Court (ICC) regarding the 2012 shooting.

The miners' urgent application to compel President Jacob Zuma to release the Marikana report immediately was dismissed on Monday.

WATCH: _Miners sought a court order to compel President Jacob Zuma to release the report before 30 June. _

The president has said publicly that he will make the Farlam Commission of Inquiry's findings public by 30 June, and his lawyers have indicated that if he is prepared to do so sooner, he will give the affected parties a 48-hour notice.

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.

However, attorney Simon Tlhatlha said even though they were unsuccessful with their urgent application, it doesn't mean they will avoid going to the ICC at some stage.

"It's not coming out for the first time now. It's something that they have been saying to us since the events of the 16th of August. Will we ever get justice in South Africa? Can't we take this matter up? We want the report and this is something we have been considering."