Accusations of incompetence and unreasonableness were levelled against the Legal Aid Board on Monday as the Pretoria High Court treason trial of 22 alleged rightwingers was postponed for the third time.
Lawyers for the alleged Boeremag members charged the board with making ill-informed decisions, committing factual errors and negotiating in bad faith.
The matter was postponed to next Tuesday for further talks.
The board informed the court of its decision to appoint an in-house representative for two of the accused, and four independent counsels to represent five more. The applications of 12 others were turned down, while one was not yet finalised.
All those who applied for aid insisted on retaining their current legal counsel — most of whom had already put in months of work.
Only four of the accused had no objections on Monday to the board’s decision — two had not applied for aid, and two were given their counsel of choice.
”This plodding about amounts to a disparagement of the administration of justice,” complained As Burger, representing two of the men.
Judge Eben Jordaan said it was inexplicable and unacceptable that the parties had not yet come to an understanding.
”Why can’t people just talk to one another?” he asked. The trial was to have started on May 19.
The board announced it had appointed an in-house representative for the first two accused — brothers Mike and Andre du Toit.
It would pay for an outsider to represent Jacobus ”Rooikoos” du Plessis.
The men were represented to date by Harry Prinsloo and Louiza van der Walt.
The board said it found a conflict of interest between Mike du Toit and Du Plessis, and said their present counsel were therefore ”disqualified”.
Prinsloo and Van der Walt insisted there was no conflict, and asked for a chance to clarify this matter with the board. They said their clients would not accept the new appointees.
The board declined the applications of 12 men represented by advocate Piet Pistorius and attorney Paul Kruger. This group expected to run out of money for their defence within months.
The board claimed Pistorius and Kruger declined an offer to stay on as defence counsel at legal aid rates.
Pistorius, however, told the court no such proposal was received.
”It seems the board is confused as to whom it is corresponding with.”
Roland Sutherland, for the board, said the offer would be repeated.
Pistorius also accused the board of confusing the names of his clients and thus basing its decisions on incorrect facts.
Burger and his junior, Antonie Viviers, withdrew as defence counsel, saying the board had offered to pay them between a quarter and a half of the recommended minimum fee for experienced advocates.
They could not afford to represent their two clients on that basis –which Burger described as unreasonable.
There was also a dispute over accused number 11, Tom Vorster, who the board said had not submitted a complete application. His counsel insisted all the information asked for had been filed.
Jordaan urged the parties to resolve the outstanding issues over the next week.
The 22 men have been charged with plotting to overthrow the government with the aim of proclaiming a Boer republic.
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, manufacture and use of explosives, arms and ammunition. – Sapa