The trial over the controversial Roodefontein development was postponed for a second time on Monday, pending a decision by Justice Minister Brigitte Mabandla on whether to provide legal aid for the accused.
Former Western Cape premier Peter Marais and his then environment MEC David Malatsi are appearing in the Bellville regional court. They face charges of corruption in connection with allegedly receiving kickbacks totalling hundreds of thousands of rands to facilitate the R500-million property development by Italian count Riccardo Agusta.
The case was postponed after representation was made to the justice ministry for it to overturn the state attorney’s decision not to provide legal aid to Malatsi and Marais.
Addressing the court on Monday, state prosecutor Bruce Morrison said the state’s case was ”prejudiced” with the continual postponement of the matter.
Morrison said it was an inconvenience to witnesses, some of whom had to travel from Mmbabatho and Bronkhorstpruit in the North West province.
”[However] this is a complex matter and the accused ought to have adequate representation,” he said.
Presiding magistrate Andre le Grange asked whether Malatsi, whose termination of his legal representation last week resulted in the first postponement, would be ready to proceed irrespective of what the justice minister decided.
”[My] financial position is exacerbated at the moment,” said Malatsi.
He told the court he was currently unemployed and having difficulty finding a job with the trial pending.
”I’ve done no other job besides politics,” said Malatsi, adding that whether he had R500 or R5 000 in his pocket, he was unable to compete with the state’s resources and properly cross examine the more than 50 witnesses arraigned against him.
Malatsi, who said he was not qualified to conduct his own defence, nonetheless gave the court an undertaking that he would be ready when the matter resumes on August 16.
Last Monday the trial was unexpectedly postponed when Malatsi terminated the services of his legal team for financial reasons.
Malatsi’s wife Julia was in court to support her husband, while Marais, leader of the New Labour Party, was supported by confidante and party national secretary, Colin du Sart. – Sapa