DA murder trial on hold
NORTHERN Cape High Court Judge President Pule Tlaletsi has given murder accused Zonizelo Richard Magawu until tomorrow to sort out his legal representation after he yesterday terminated the services of the advocate appointed for him by Legal Aid South Africa.
This is despite objections from the State as well as all the legal representatives of the other accused – Richard Hasane, Tshame Frank Baxane, Mncedisi Mphondomisa and Matthews Legodu – to further postponements.
The accused are standing trial for the kidnapping and murder of Kgatelopele DA councillor Johannes Baatjies, who was shot in the head and body while trying to escape from a moving vehicle in August 2016.
A family friend of Baatjies, Jeffrey Nouse, was shot in the head and found in a Ford Ranger along the side of the road between Postmasburg and Danielskuil.
Advocate Theo Fourie yesterday recused himself from the trial after his client (Magawu) informed him that his services were no longer required.
“A letter was written to the Judicial Services Commission in Kimberley, where Magawu informed them of the reasons why he does not want me to defend him any more.”
Magawu indicated that he had requested the head of Legal Aid South Africa to provide him with a “new legal representative, who is vibrant and willing to take mandate”.
He complained that he had been waiting for five months to be provided with copies of video footage, audio, cellphone recordings and witness statements.
“I would like to receive the video footage in a simple CD format. I only received copies of the docket last Monday after I requested advocate Fourie last Friday to supply it to me,” said Magawu.
“I was told on Monday to watch the video recordings on the side, after my court appearance. I was really not happy because one needs to study each and every aspect of the allegations that will be used against me. It seems as if it is wrong for one to apply for bail as it was the State’s submission that it will be a white elephant to try to apply for bail.”
Senior State advocate Hannes Cloete indicated that all the necessary copies on record were handed out to all the past and present defence teams representing the accused.
“There are 183 documents in the docket. The documents are voluminous and time and costs are involved to reproduce the dockets. I have never made this information available to an accused who enjoys legal representation - only to their legal representatives. There is only one exception and that is Magawu, who was provided with all the information on October 8. The prosecution made arrangements for the video footage to be shown to the accused in prison in August 2017.”
He pointed out that all previous bail applications had been dismissed.
“I am not aware of the details of the problems experienced with the accused’s previous legal representation.”
Cloete indicated that Legal Aid South Africa was typically reluctant to appoint a new legal representative if the services of an existing one had been terminated by an accused.
“The right to legal representation is not unlimited to choosing who an accused wishes to represent them. Nor is it unlimited to holding the court ransom until an accused is satisfied with the legal representative.
“I have found advocate Fourie to be competent. We have nine weeks to finalise the matter. I am also concerned about the rights of the families, victims, State witnesses as well as the interests of justice.”
He added that should Magawu fail to secure satisfactory legal representation, the State would bring an application to ensure that the matter would proceed, even if it entailed having the accused represent himself.
The legal representatives of Magawu’s co-accused all objected to the postponement as they indicated that their clients had been incarcerated since 2016 and were being prejudiced by the delays.
Tlaletsi assured Magawu that legal aid practitioners had an ethical duty to protect the interests of their clients.
“The State has taken reasonable steps to ensure that you have legal representation. At one stage you had private legal representation. Your financial situation might have changed, which is why you have legal representation provided by the State.”
He encouraged Magawu to use the postponement to try and iron out any misunderstanding between him and Fourie, whom he indicated would remain in attendance until the head of Legal Aid South Africa could inform the court whether an alternative legal representative could be arranged.
“It is not easy for Legal Aid South Africa to get another counsellor to represent you, firstly because of their limited resources and also because they have already appointed someone for you. There is already a danger that if Legal Aid does not provide you with a legal representative that the application will have to proceed irrespective of your circumstances.”
Tlaletsi pointed out that it would be in the interest of all parties concerned that this matter was finalised.