While the High Court has decided that the state has no obligation to fund the injured and arrested parties, it remains the case that the state and Legal Aid have the discretion to do so.
The SAHRC calls upon government to make funds available to the injured and arrested parties to enable their continued participation in the commission process.

In the meantime the SAHRC remains a participant in the Commission process. The SAHRC has a constitutional mandate to monitor and assess the observance of human rights in the Republic.
It is our view that the Commission of Inquiry must be inclusive and responsive. Fair procedure and the principles of access to justice have been at the fore of the SAHRC’s participation in the Commission of Inquiry since November 2012 and our position remains unchanged.

We will remain in the Commission of Inquiry to ensure that these constitutional imperatives are met.

It is also fundamental to the national interest and indigent South Africans that those responsible for the massacre that occurred on the 16th of August 2012 are held accountable.
ENDS

Issued by the South African Human Rights Commission

For further information please contact:
Isaac Mangena
SAHRC Spokesperson
0718848273