Johannesburg - The absence of wounded and injured miners will have minimal effect on the Farlam Commission of Inquiry, it heard on Friday.
Marius Oosthuizen, for the department of justice, said the commission had continued in recent weeks despite the withdrawal of Dali Mpofu, who represents the miners wounded and arrested in unrest near Lonmin's platinum mine in Marikana, Rustenburg.
“Three-hundred-and-fifty miners absent from the commission won't make it any less credible,” said Oosthuizen.
He was opposing an application by Mpofu to postponed the commission while he seeks legal funding.
The lawyers representing the police, and the evidence leaders also oppose the postponement.
Oosthuizen rejected Mpofu's claim that justice department lawyers were interfering in the commission.
Mpofu had said their presence was inappropriate and ill-advised as they were not taking part in the commission.
He asked that the commission's chairman, retired judge Ian Farlam, consider whether they had any grounds to be included in the arguments.
In response, Oosthuizen said: “ We don't want to dictate, bully or intimidate anyone.”
Several weeks ago, Mpofu approached the high court and then Constitutional Court to try and obtain State funding, but both courts dismissed his application.
He is heading back to the high court later this month to appeal the ruling.
Oosthuizen said the law did not allow the justice department to fund commissions. Funding was limited to court cases.
He said Mpofu had provided no proper argument on why he should be granted the postponement.
Head of the evidence leaders, Geoff Budlender SC, said a postponement would not be just until the end of the month.
He said Mpofu's high court application would probably be opposed and that there would be postponements in the case.
Budlender said that if the commission continued in the absence of Mpofu's team and it later decided it wanted to cross-examine a witness, the witness could be recalled.
However, Mpofu contended that continuing the commission without his team would be a gross injustice.
“Let's kiss goodbye (to) any form of reconciliation if the commission (goes on without the victims),” said Mpofu.
“You need all the parties there. You cannot reconcile with yourself.”
He said the commission's job would not be done properly if it rushed to finish.
“The (justice) department has the nerve to say closure is needed and will be achieved by a speedy outcome,” he said.
Mpofu told the commission his clients were victims because they were poor.
He said the State's refusal to give them funding made it appear as though they were being punished for having survived their ordeal in Marikana last year.
“People who were injured are being punished because they survived,” he said.
He said the word “victim” was not limited to people who died in the incident.
Mpofu's team has withdrawn from the commission.
The commission's evidence leaders will question witnesses on his behalf.
Mpofu said the evidence leaders were not completely independent as they were on the justice department's payroll.
He argued that they cross-examined witnesses on his behalf without having solid knowledge of his arguments.
He said he had prepared only a two-page report for the evidence leaders to pose questions on his behalf.
Farlam said he would deliver a verdict on Monday.
The commission, which is sitting in Centurion, is investigating the deaths of 44 people during strike-related unrest in Marikana
last year.
Police shot dead 34 people, almost all of them striking mineworkers, on August 16 2012 while trying to disperse them.
Ten people, including two policemen and two security officers, were killed in the preceding week. - Sapa