EFF members’ lawyer asks to be rescued from case

The state lawyer representing the two members of the Economic Freedom Fighters (EFF) excused herself last Thursday, citing being “under pressure from senior politicians”.

Nomsa Morera made an application at the Barberton Magistrate’s Court on Thursday that she will no longer represent Herbert Sibanyoni and Mxolisi “Councilor” Mhlanga.

They had appeared in the local court facing charges of contempt of order after they were arrested by the Barberton SAPS at about 04:00 on February 21. This was because they continued to reside at Kosovo Village in Emjindini, owned byUmjindi Municipality, and ignoring an order to vacate the property.

Morera made an application before Magistrate Phindile Mlothswa that another state legal representative not residing around Umjindi should be appointed. The case had to be postponed on Thursday to Tuesday April 22 at the same court and at the time of going to print the verdict was unknown.

The case against the two is a complicated one. At first when arrested, they were charged with trespass, but when they made their first court appearance in the Barberton Magistrate’s Court on February 21, they faced a different charge – that of contravening a court order.

The council has on several occasions been accused of using state officials (the police) to intimidate the Kosovo settlers.

These residents view the arrest of the two and the withdrawal of their legal representative as one of the tactics used by the council to intimidate them. Community members started to occupy the municipal land illegally in 2012 on the grounds that the council had failed to fulfil its promises to them. Barberton Times had previously reported that the residents claimed that the executive mayor, Lazarus Mashaba, had verbally promised them the stands.

The village, which has never been officially recognised by the council authorities, despite the residents’ longstanding claim to the area, has been demolished more than twice in the past two years. Every time, residents have constructed makeshift shelters in the same place.