The fraud, forgery, and uttering case against notorious Malalane lawyer Zietta Janse van Rensburg was postponed again yesterday in the Malalane Magistrate’s court.
State prosecutor Zandile Mahlalela said she was ready to proceed with the trial and that state witnesses were present. The charges stem from a purported settlement agreement between two parties, of which Janse van Rensburg represented one. The document was allegedly fraudulent.
Janse van Rensburg told the court she had only received the charge sheet on Monday, and based on its contents, intended to file a Section 85 application that allows an accused to object to criminal charges against them based on various grounds.
The outcome of such an application may be the quashing of charges. These grounds include that a charge does not comply with legal requirements, lacks an essential element, fails to disclose an offence, lacks sufficient details, or incorrectly names the accused.
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If the court finds the objection valid, it may order an amendment or additional details. If the prosecution fails to comply, the court may dismiss the charges.
Depending on the outcome of such an application, Janse van Rensburg told the court she may then lodge a Section 87 application, which allows an accused to ask the prosecution for further particulars relating to the allegations.
This is done before evidence relating to the specific allegations is led. The particulars are then entered into the record and may, depending on the content, change the charges against the accused.
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The prosecutor told Magistrate Jacob Mamabolo that she had agreed to the request for a postponement, but explained that Janse van Rensburg would have to file her written submissions by September 25.
Until now, Janse van Rensburg has represented herself in the matter but indicated to the court that once she had received all the information, she would have legal representation.
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The magistrate warned her that she would have to make sure her legal representatives were present: “I can see that you are going to waste more time.”
Janse van Rensburg said she was already in consultation with her legal team and that everything she was doing was on their instructions and advice. She did not disclose who would be representing her.
By October 14, the court will have decided the way forward.
