Heeding Judge Dunstan Mlambo’s advice, Mr Oupa Molapo elected to seek legal aid over representing himself.
Molapo stood alongside his 12 brothers in arms before the Middleburg High Court on August 26. The 13 men are facing a number of charges with relation to the robbery that took place in April 2014 in which over R100-million was stolen from the SBV holdings in eMalahleni.
Terms of each of the accused legal representation was discussed, Judge Mlambo said before court,
“Today’s appearance is to make sure all our ducks are in a row.”
A query was brought before the court that some of the accused assets had been frozen and that they would not be able to pay their legal fees. Judge Mlambo reminded the court that the assets may be unfrozen with regards to administration of justice and that the matter should not interfere with the ends of justice.
Molapo who was adamant in defending himself in the previous appearance, has since changed his mind and elected to be represented by an attorney, contradicting his words,
“My life is in my hands I can not trust someone with my life.”
Mr Hendrick Potgieter said that he would be appearing for three accused Pro Bono Publico – denoting work undertaken for the public good without charge, especially legal work for a client with a low income or no income.
Mr Teenage Mobogoane, one of the accused who had also elected to represent himself requested that the date for trail be set for a later date as he needed more time to go through the necessary documents, his request was denied.
“You have had time from July’s appearance and until October to go through the documents, you must be ready come the final quarter,” said Judge Mlambo.
Mlambo continued in saying that the government provides legal aid in that people may have a fair trial and that his choice to represent himself can not delay the matter.
Judge Mlambo then finalised that the trial will continue on October 10 and that there would be no delays.
“Accused one who was previously out on bail is still on bail in this matter, however he is in custody regarding another matter. The state has the intent to request that the accused bail be forfeited since he is in custody regarding this other matter,” said Mr Hein van der Merwe, the prosecutor from the Director of Public Prosecution.
Mr Petra December Nkosi, accused one, was apprehended by the Hawks on Sunday, August 28 in the Ga-Nala shootout and has since been in custody regarding the shootout.
Nkosi’s bail application with regards to the Ga-Nala shootout will likely be denied seeing he has a pending case against him, he remains in custody at Bethal Prison and is expected to appear before the Kriel Magistrates Court on Friday, September 2.
In adjourning for October 10, Judge Mlambo reminded the accused and their attorneys that the court dictates events and the trial and that the trial would go on unhindered and without delays.
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