The Marikana mineworkers wanted to secure funding from the state for their legal representation at the Farlam Commission of Inquiry.
Last month, the North Gauteng High Court refused to order the President and the Justice Minister to fund the mineworkers' legal representation.
The Constitutional Court dismissed the appeal on a technicality, saying that it found that the applicants did not have sufficient information on the High Court judgement to judge the merits of the case.
The chief lawyer representing the miners, Advocate Dali Mpofu, indicated that they will continue with their provisional withdrawal from the commission. He has also said that the miners could march to highlight their right to legal representation at the state's expense.
The commission will, meanwhile, resume with the cross-examination of North West Deputy Police Commissioner William Mpembe today.
Some 44 people lost their lives in Marikana in strike related unrest last year.
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