A final bid to overturn a high court judgment compelling Legal Aid SA to give representation to the injured and arrested Marikana miners has failed in the Constitutional Court. The high court in Pretoria previously directed Legal Aid SA to provide funding for the miners’ appearances at the Marikana Commission of Inquiry. Legal Aid SA appealed to the Supreme Court of Appeal SCA), but before the appeal was heard, Legal Aid reached an agreement with the miners to provide funding until the commission ended. The SCA dismissed Legal Aid SA’s appeal on the grounds that it was moot. But the court unanimously said that if it had discretion to deliberate on the merits of the appeal,...
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