The Herald (South Africa)

Accused asks judge to foot lawyer’s bill

- Hendrick Mphande mphandeh@tisoblacks­tar.co.za

A RAPE suspect caused a stir in the Port Elizabeth High Court yesterday when he said Legal Aid lawyers were incompeten­t, before making a bizarre request for Judge Mandela Makaula to foot his bill for a private lawyer.

The 30-year-old man, who faces a string of charges, including kidnapping and raping his ex-girlfriend and beating her new lover to death, cannot be named as he has not yet pleaded.

The man is in custody serving a 12-year jail term for robbery with aggravatin­g circumstan­ces in a different matter.

When the case was called, Makaula explained to the man, through a Shona interprete­r, that the case was on the roll for him to inform the court about his choices of legal representa­tives.

The man, whose feet were shackled, started rambling about not having access to court papers to prepare for his case.

“The only issue before this court is for you to say whether you will need a Legal Aid lawyer, private attorney or you will defend yourself,” the judge said.

“I am not saying you are not entitled to papers. You have a right but everything is done according to procedure.”

The man then complained that he was serving a 12-year jail term because Legal Aid lawyers had not adequately represente­d him.

“I do not want to see them. It seems Legal Aid does not have competent lawyers,” he said.

When the judge wanted to know from the man whether or not he would conduct his own defence, he replied: “My lord, are you going to give me money?

“If you are not going to help me, then let’s go ahead with the trial.”

Makaula warned the accused that whether he liked it or not, the case would proceed.

“My advice to you is that you clear your mind,” he said.

“Whether you choose to cooperate or not, the trial will proceed in terms of the laws of South Africa, not Zimbabwe.

“We are not taking instructio­n from you.”

Despite the seriousnes­s of the offences, the man said he would conduct his own defence.

The matter was postponed to March 5.

His court appearance stemmed from an incident in NU 9, Motherwell, on November 17 last year.

It is alleged that the man went to a house in Motherwell where his ex-girlfriend was staying with her new boyfriend, kicked down the door, went into their bedroom and beat the boyfriend to death with an iron rod while he slept.

He then allegedly kidnapped his ex-girlfriend and took her to a friend’s shack about 2km away where he raped her twice.

While at the house where the murder took place, the accused also allegedly stabbed another woman, who in turn threw a kettle of boiling water at him.

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