Judge orders alleged ‘rhino poaching kingpin’ to pay legal fees upfront
Two of the six accused, who face 40 charges relating to the sale of rhino horns, were assassinated this year.
The case against alleged Hazyview rhino poaching kingpin Joseph Nyalungu and his three surviving co-accused has been postponed to January 17, 2025. They face 40 counts relating to the illegal sale of rhino horn, racketeering, money laundering, theft and other offences.
The postponement is to determine the trial date and confirm that accused two, four and six (Claude Lubisi, Joseph Nyalungu and Rachel Qwebana) have paid their legal representatives.
Accused one and three, Petrus Mabuza and Chief Clyde Mnisi, were assassinated earlier this year.
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On March 12, prior to the current delay in proceedings, the court heard testimony from two key witnesses who had been part of an undercover operation that led to the arrests.
The case was then postponed to September 25 after defence lawyer Hendrik Potgieter requested time to study the authorisation application for the undercover operation conducted under Section 252A.
Subsequent postponements followed as the prosecutor resigned and accused number five, Aretha Mhlanga, requested legal aid as she could no longer afford private legal representation.
Lubisi, Nyalungu and Qwebana are still represented by Potgieter, who receives instructions from Adv HJ Groenewald. Mhlanga is now represented by Adv Ilana Erasmus.
Yesterday, Judge Henk Roelofse, standing in for Judge Lindelwa Vukeya, took a tough stance on the accused’s financial instructions to their legal counsel, ordering them to settle legal fees for the remaining four weeks needed to complete the matter in advance before their next appearance on January 17.
He ordered the instructing attorney for the accused, Groenewald, to appear in person on January 17 and to confirm the financial instructions.
“If she is unable to confirm that, the trial date will be set and trial will continue without your attorneys,” Roelofse told the accused.
This, he said, was to prevent the trial from being dragged out with the constant coming and going of attorneys.
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