Meyiwa trial: Dispute rises between Legal Aid and defence over funding
Some of the defence lawyers in the matter told the court that they plan to bring a Section 174 discharge application.
Senzo Meyiwa trial. Picture: Kgomotso Modise/Eyewitness News
JOHANNESBURG - A dispute has risen between the defence and Legal Aid South Africa in the Senzo Meyiwa trial over the funding of proceedings.
Some of the defence lawyers in the matter told the court that they plan to bring a Section 174 discharge application.
This is done when the defence believes that there is no real evidence against the accused for conviction and thus no case to answer to.
Only one of the five accused has abandoned their application for discharge.
The lawyers representing four of the other accused insist their clients want to proceed with the application, but Legal Aid is not willing to foot the entire bill.
Advocate Charles Mnisi, who is representing two of the accused, has told the court that he needs four weeks to prepare, but Legal Aid will not fund this.
Judge Ratha Mokgoatlheng: "You are saying you no longer want to represent your clients unless and until the Legal Aid board says it will pay you for four weeks?"
Replied Mnisi: "No. I never said that my lord, that is the problem. I think I am being misintepreted here and that has always been the perception that has been in the mind of Legal Aid South Africa that I am after money; I am not after money. I was just asking for assistance and they are saying they are not in the position to assist."
A representative from Legal Aid said the body is only willing to pay the lawyers their daily rate when they are in court, and for two hours of their preparation.
The matter will return to court later in the month to hear arguments from the defence lawyers, who are proceeding with their application.