The treason trial of 22 alleged members of the right-wing Boeremag organisation was postponed in the Pretoria High Court for a week on Monday to address problems with legal aid.
Judge Eben Jordaan directed that a meeting be held this week between defence lawyers, the prosecution and the Legal Aid Board to iron out issues in dispute.
”It is my wish that this meeting will take place in the spirit of friendliness, fairness and compromise,” the judge said.
The hearing got underway in a packed courtroom in the Palace of Justice on Church Square after 10am. Friends and family rose as the accused entered the dock.
The men appeared calm, greeting each other warmly and waving to family in the public gallery.
Among the accused was 22-year-old Jacques Jordaan. A lawyer was overheard telling him: ”You’re lucky; you’re one of the few with a reserved seat in the courtroom.”
Those not on bail were brought to court in a high-speed police convoy, escorted by air support.
On the lawns of Church Square, a group of predominantly black onlookers watched the entrance to the building that was guarded by about 10 policemen in riot gear.
Defence lawyers told Jordaan that the Legal Aid Board was dragging its feet and compelling their clients to accept new legal counsel.
Seven of the 22 accused have applied for, and were granted, legal aid. Most of the others have indicated they would be in need of aid at a later stage when their own funds ran dry.
The judge said it was understandable that legal aid clients were not entitled to choose their own lawyers, but the board should consider the months of work the present legal teams had already put in.
Many had been working on the case for months, and it might be to the board’s advantage to retain their services for the duration of the trial, he said.
On the other hand, the present legal teams should accept that the board’s cash flow was limited. They should settle for whatever fee the board was able to pay.
”It is a question of give and take,” Jordaan said.
The judge said the court would reconvene next Monday, when he wished to be briefed about progress made.
Most of the lawyers representing legal aid applicants said their clients were only informed of the outcome on Friday. Seven of them were then told they had a new legal representative — Daan Mostert — appointed by the board.
The men, however, opposed the appointment of a single lawyer for them all, claiming they had clashing interests.
Defence lawyers said it was outrageous for their services to be terminated, indicating their clients would not accept new representation.
Should the board not yield, their clients may have no choice but to seek a further postponement to collect money for their defence or to refuse to plead, defence counsel told the court.
Mostert said the board would welcome talks to try to resolve the impasse. He conceded it might make sense to retain the present lawyers, even though this was not standard practice.
The 22 men are facing charges of plotting to overthrow the government with the aim of proclaiming a Boer republic.
Their plans allegedly also involved killing all blacks and Indians, or chasing them out of the country.
The first men linked to the alleged coup plot were arrested more than a year ago.
They face a main charge of high treason, and four alternative counts each of terrorism and sabotage.
One count each of murder and attempted murder, and an alternative charge of conspiracy to murder, are also listed. The rest of the 43 charges relate to the illegal possession and use of explosives, arms and ammunition.
Access to Church Square was restricted. In the morning, police detonated an abandoned cellphone found outside the court building. – Sapa