A clash between the magistrate and defence lawyer saw the case against Jaen-Lee Pyne postponed again.
On October 16, his legal representative was not available, and the court postponed the case to October 20.
The case against Pyne pertains to charges of assault with intent to cause grievous bodily harm and malicious damage to property.
On October 20, Pyne’s legal representative was not in court and had sent someone from her office to represent him.
The magistrate, Michael Twala, did not allow this as the representative did not have a letter of good standing to act as legal counsel.
The magistrate then postponed the case until October 21.
When Pyne’s appointed legal representative, Gugu Magagula, appeared before the magistrate on that day, they discussed everything but the actual case. There were various verbal exchanges between the magistrate and Magagula.
She first presented a doctor’s note explaining her absence and mentioned that the trial dates differed from those originally scheduled.
Twala requested a new trial date so the case could move forward. The case has been on the court roll since January 2023.
The lawyer constantly interrupted him, expressing her views and reminding everyone about a pending review application regarding the magistrate’s earlier refusal to recuse himself. The High Court in Pretoria will hear the recusal case.
When pushed for a date to get the trial in motion, the lawyer again reminded Twala of the review.
She then said that she would only be available in March 2026. Twala did not accept the date and said it was unreasonable under the circumstances to wait until March.
There were constant interruptions from Magagula and back-and-forth arguments, but Twala kept calm during the session.
He then adjourned the case until after lunch.
When the case resumed, Twala read the Supreme Court Acts to Magagula, explaining the typical duration of a court case and emphasising that delays serve no one’s interest.
When Twala pushed for a trial date, Magagula said it was not acceptable and she would take the matter to a higher authority.
Thereafter, she refused to participate in the court proceedings.
Twala addressed Pyne and mentioned that if his current legal counsel was not available to represent him, he could either represent himself with guidance from the presiding officer or obtain other legal counsel.
Twala then set the trial date for November 19.
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