Another postponement in Zietta Janse van Rensburg case

Legal Aid will notify the court on Monday, November 25, whether they will represent and assist Zietta Janse van Rensburg in the fraud, forgery and uttering case she stands accused of.

On Monday, October 28, Phumlani Ceko of Legal Aid appeared on behalf of Janse van Rensburg and told Magistrate Jacob Mamabolo in the Malelane Magistrate’s Court that her application for representation was still under consideration.

Ceko said he was waiting for documentation from Janse van Rensburg and that they needed more time.

Senior Public Prosecutor Tobie Steyn said the state had no objection to the request, but asked the court that the date be made final, whether or not Janse van Rensburg is assisted by Legal Aid or continues with private prosecution.

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However, Ceko asked the court not to make the date final, as Janse van Rensburg would need to prepare for the case, whether with or without Legal Aid. He concurred with the state that the matter had been taking a long time to progress.

Mamabolo didn’t make the decision final, but granted Steyn’s request to be informed when Legal Aid makes a decision, even if it is before the court date in November.

During her appearance in court on Monday, October 14, Janse van Rensburg requested a postponement to consult her legal counsel in Pretoria, while Steyn said the state was ready to proceed.

Steyn said Janse van Rensburg had written submissions to his office raising objections related to sections 85 and 87 of the Criminal Procedure Act, as well as the possibility of legal representation.

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A Section 85 application allows an accused to object to criminal charges against them based on various grounds. The outcome of such an application may be the quashing of charges. These grounds include that a charge does not comply with legal requirements, lacks an essential element, fails to disclose an offence, lacks sufficient details or incorrectly names the accused.

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If the court finds the objection valid, it may order an amendment or additional details. If the prosecution fails to comply, the court may dismiss the charges.

A Section 87 application allows an accused to ask the prosecution for further particulars relating to the allegations. It is done before evidence relating to the specific allegations is led. The particulars are then entered into the record and may, depending on the content, change the charges against the accused.

Janse van Rensburg claimed she had not received the state’s correspondence and requested a postponement to allow her legal team to peruse it before responding.

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“It is quite a complicated case. I am tied by legal privilege, so I cannot say anything until a few legal situations have been resolved.”

She also told the court that her legal representation would come to court only once her trial resumes, as it is not cost-effective for them to travel from Pretoria for the interim steps.

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