The decision by Senzo Meyiwa murder accused Muzikawukhulelwa Sibiya to dump and change his legal representation during the rounding up of the trial-within-a-trial has placed him in jeopardy for future representation with Legal Aid SA.
While the trial-within-a-trial determining the admissibility of confessions made to the investigating teams by Sibiya and the second murder accused Bongani Sandiso Ntanzi was scheduled to hear the closing arguments, proceedings were hit with yet another delay.
This was after advocate Thulani Mngomezulu informed the court the Legal Aid Board (LAB) had informed him it would not pay him for the services he had offered to Sibiya in the trial-within-a-trial.
Mngomezulu said following a discussion and the consultation with the accused person, he was contacted over the weekend by his uncle, who indicated they still required his services.
The decision was then, according to the legal counsel, taken to rather terminate the services of the LAB and instruct him privately.
As a result, Sibiya confirmed to the court he had terminated the mandate of advocate Sipho Ramosepele, with Mngomezulu to take over representing him.
In addition to the changes, Sibiya brought an application to have his case reopened in the trial-within-a-trial on the admissibility of a confession he made.
The matter was postponed to today. However, upon the resumption of the proceedings earlier today, Ramosepele said he had been requested to place a number of things on the record from the LAB.
The legal counsel said according to the LAB, it was regarded that the decision to terminate his mandate was not done with “good cause”.
Ramosepele said this especially considering that Sibiya had previously been granted assistance by Legal Aid SA in the lower courts which he also terminated in a similar manner.
“As a result of this decision, the accused has placed himself in jeopardy of obtaining future help from Legal Aid SA should his instructions to Mngomezulu not go in order. In case he gets legal aid in the future it is not a guarantee that Mngomezulu will be appointed on his behalf,” he said.
Mngomezulu commented that this was the first time he was hearing of this, and requested not to comment any further.
Despite attempts by the State to dismiss the application to reopen the trial-within-a-trial anew, the court granted Mngomezulu permission to proceed with calling Hawks detective Warrant Officer Meshack Makhubo back to testify.
The matter proceeds following the lunch adjournment.
The Star