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Marikana application dismissed


The Pretoria High Court has dismissed the urgent application brought forward by Marikana miners to force president Jacob Zuma to release the report before June 30th.

The court room was packed to capacity as the miners hoped the judge would rule in their favour but Judge Neil Tuchten dismissed the application in a judgement that was less than a minute.

In his written judgement Tuchten said there was no provision in the constitution which imposed an obligation, specifically on the President, to provide information.

He said that obligation is imposed on all 'state actors' equally by section 321A of the constitution.

The judge added despite the argument brought forward by Zuma's legal team, the court does not have jurisdiction to rule on such a matter, the high court can entertain the applicant's contentions.

The ruling ultimately affords Zuma until June 30th to release the report.

Zuma told parliament that he was still going through it but made the undertaking for the end of the month.

Meanwhile, the lawyer for the miners, Simon Hlahla, says his clients are disappointed with the court ruling.

He says while they will respect the judgement, they do have options if president Zuma does not release the report by the end of the month.

"They had hoped that we will get the ruling in our favour. There is actually no reason why the report is not being available to everybody, but we will respect the court's ruling but as you can see they are disappointed. If the President does not live to his weight that he will release the report, we will come back to court and possibly straight to the Constitutional Court." says Hlahla.