Legal representation and a mooted separation of trials both need to be finalised before Parliament’s so-called ”Travelgate” saga can proceed to trial, the Cape High Court heard on Monday.
Cape Judge President John Hlophe acceded to a defence proposal to postpone the matter to October 17, granting the 28 accused an ephemeral reprieve.
Twenty three current and former MPs, plus five travel agents, packed court one on Monday, sitting three rows deep to face allegations of defrauding Parliament of about R24-million.
The initial indictment, which had 30 accused, needed to be amended again after former MP Charles Redcliffe was convicted of one count of fraud on Friday.
He was sentenced to a fine of R70 000 or five year’ imprisonment. He received a further term of five years’ imprisonment, suspended conditionally for five years.
The name of former travel agency consultant, Shamima Limalia, was also removed from the list of accused after she entered into a plea bargain with the National Prosecuting Authority. Limalia is now a witness for the state.
Addressing the court on Monday, lead prosecutor advocate Jannie van Vuuren, placed on record that should any of the other accused consider plea bargaining, it should be done before the next court date in October.
He said the state was ready to proceed with trial immediately.
”The trial date was arranged more than a year ago,” said Van Vuuren, indicating that the state had informed the accused that the trial would proceed as one prosecution.
”It is in the interests of justice to proceed as a single prosecution,” said Van Vuuren.
He told the court that what needed to be resolved related to legal representation, with some of the accused having dual representation and one, Craig Morkel, not having any yet.
”It is a problem that needs to be sorted out as soon as possible,” said Van Vuuren.
The Legal Aid Board’s Andre Paries said he was currently representing three travel agents — Mpho Lebelo, Nazley Lackey and Estelle Aggujaro – -with another, Graham Gedult, appealing the board’s decision not to provide him with assistance.
Paries said that by October 17 there could be clarity on the question of representation.
Reuben Liddell, representing accused one, travel agent Soraya Beukes, told the court he was being retained, but a separation of trials could change that.
Asked by Hlophe if the state will oppose an application to separate the trial of the travel agents and the MPs, Van Vuuren said it was a ”catch-22” situation.
Van Vuuren said the state and the defence still needed to engage further before a decision could be taken on the matter.
Earlier in court, a proposal initiated by advocate Seth Nthai, representing a number of African National Congress MPs, indicated a desire to proceed to trial in June next year.
According to Nthai’s timelines, the separation of trials would have been heard on November 13.
An observer at Monday’s proceedings, Eileen Fey, representing trustees in the liquidation of the travel agencies, told the South African Press Association they would also be interested in the outcome of an application to separate the trials because it would have an impact on civil litigation.
All the accused, currently out on bail, were warned to appear in court in October.
Meanwhile, the Democratic Alliance on Monday wanted to establish exactly how many MPs were implicated in the Travelgate fraud.
Douglas Gibson, the DA’s chief whip, said he would try to establish exactly how many MPs were indebted to Parliament.
”It seems that several hundred MPs were originally named and that anything up to a hundred had a civil liability to Parliament,” said Gibson in a statement.
He said he wanted their names and details of the repayment terms negotiated.
”I want to know whether they paid or are paying interest, and which MPs have stopped paying,” said Gibson. — Sapa