21 July 2014
It is now almost two years since the Farlam Commission of Inquiry started its work in October 2012, probing the deaths of 44 people who were killed on and before 16 August 2012 in Marikana, North West Province. The work of the commission was delayed due to frequent stalling, most notably involving disputes on legal fees and other non-substantive factors. Concerned about this lack of progress, the SACP issued a statement on 15 August 2013, almost a year since the commission started its work, cautioning that narrow interests of legal practitioners seemed to have become primary. In our stated view, the commission had unfortunately become more a lawyers` commission than an inquiry into the deaths of mineworkers and the conditions under which they work and live.
We have been proven correct.
In an article by Loyiso Sidimba, The Sunday Independent (20 July 2014) says lawyers representing hundreds of mineworkers who were injured and arrested have received about R5.13 million in legal fees. "...Legal Aid SA now estimates that the R5.13m paid to the lawyers could have helped up to 1 000 people who qualify for legal assistance" (IOL, 20 July 2014, 12:41pm). It is extremely worrying that the tragedy of Marikana has become a source of private accumulation of wealth by some individuals masquerading as the defenders of the working class and the poor. The exorbitant legal fees in this instance serve to underline the need to transform the legal system which at present works in favour of the rich and against the poor.
The last hearing in the Farlam Commission is expected to be in September, but it is clear that delaying tactics have not been abandoned. Just last week there was a walkout by some lawyers.
The SACP calls for the issue of legal fees to be re-visited in commissions of inquiry, and for the work of the Farlam Commission to be concluded without any further undue delays.
Issued by the SACP
National Spokesperson: Alex Mashilo
Mobile: 082 9200 308
Mobile: 060 343 1192
Office: 011 339 3621