Eighteen Treatment Action Campaign (TAC) supporters appeared in the Cape Town magistrate’s court on Wednesday on charges of trespassing.
Their appearance, the third, stems from a five hour sit-in at the Cape Town offices of the Trade and Industry Department in April this year, as part of a countrywide protest to get the authorities to expedite the distribution of anti-retroviral drugs for the treatment of HIV/Aids.
Defence attorney William Kerfoot of the Legal Resources Centre asked for a postponement to August 20, for time to persuade senior prosecutor David Jacobs to withdraw the charges.
He said representations should have been made by the Women’s Legal Centre, which previously represented the group up until Wednesday but which had failed to make representations.
The group appeared before magistrate Piet Burger who said he could not understand why a decision had not yet been made by the senior prosecutor.
Kerfoot said the fault in fact lay with the Women’s Legal Centre, and not with the prosecuting authorities. Burger said there should nevertheless be no reason for the group to have to make yet another court appearance.
He asked: ”Is there no one ‘up there’ able to make a simple decision — this is an easy decision to make.”
Burger told the group it pained him to have to postpone the case, and if he had had his way he would have forced the state to withdraw the charges.
However, it was too soon for him to intervene, Burger said.
At the previous hearing on May 26 a warrant for the arrest of one of the 18 was authorised, due to her failure to attend the proceedings. On Wednesday Kerfoot said she was present and had been ill. Burger cancelled the arrest warrant. – Sapa