Meyiwa trial: Dispute between Legal Aid, defence lawyers creates uncertainty
On Thursday, a representative from Legal Aid told the court that it was unwilling to foot the entire bill required by some of the lawyers while they prepared the application.
Senzo Meyiwa trial. Picture: Kgomotso Modise/Eyewitness News
JOHANNESBURG - A dispute between Legal Aid South Africa and the defence lawyers in the Senzo Meyiwa trial has created uncertainty over which of the accused will bring a discharge application before the court.
On Thursday, a representative from Legal Aid told the court that it was unwilling to foot the entire bill required by some of the lawyers while they prepared the application.
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A section 174 application is brought when the defence believes there is no real evidence against the accused for conviction and thus no case to answer to.
The State has spent two years leading evidence to draw links between the five accused and the football star’s 2014 murder.
Sounding exasperated, advocate Charles Mnisi addressed the court on his need for four weeks to prepare a section 174 discharge application for his clients, Muzi Sibiya and Mthobisi Mncube, but Legal Aid was simply not willing to pay for it.
"You are saying you no longer want to represent your clients unless and until the Legal Aid board says it will pay you for 4 weeks?" asked the judge.
"No, I never said that, my lord. That is the problem. I think I am being misinterpreted 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," Mnisi replied.
Legal Aid said it will only pay the lawyers their daily rate when they are in court and for two hours a day for their preparation.
When proceedings ended on Thursday, only the lawyer for the fourth accused, Mthokoziseni Maphisa, confirmed that he would be bringing a discharge application.
The fifth accused, Fisokuhle Ntuli, has abandoned the discharge application, with his lawyer, Advocate Zandile Mshololo, informing the court that they are ready to proceed with their defence.
Arguments on the application will be heard later in August.