Legal Aid SA says it does not have the funds to get a private lawyer for serial murderer Hlabirwa Rassie Nkuna and has advised him to mend his relationship with its available lawyer whom he fired last week.
Last Tuesday, Nkuna fired Adv Malesela Kekana, telling the court that they have mistrust and a conflict of interest with each other.
The court then gave Legal Aid SA time to get Nkuna another lawyer, as it said it is looking at options of hiring a judicare lawyer.
I was informed that Mr Nkuna has terminated the services of advocate Kekana and was then asked to draft a request on why we need a judicare attorney.
— Mavis Moloi from Legal Aid SA
However, Mavis Moloi from Legal Aid SA took the stand on Tuesday and informed judge Lindiwe Vukeya that Legal Aid SA’s provincial officer has rejected Nkuna’s application on the basis of financial constraints and that he is the only accused in the matter.
“I was informed that Mr Nkuna has terminated the services of advocate Kekana and was then asked to draft a request on why we need a judicare attorney.
“However, I have a letter from my superiors stating that Legal Aid SA is not able to hire a judicare lawyer for the accused. Reasons advanced were that Mr Nkuna has already fired three legal representatives provided to him. Again in the response we are told that a judicare attorney is appointed for multiple suspects; however, Mr Nkuna is alone on the case,” said Moloi.
When asked by Vukeya if Legal Aid SA was withdrawing, Moloi said they have only two lawyers in the Mbombela office to represent Nkuna.
“As we have two officers in our office, which are Ms Erasmus and Kekana, however, only Kekana is available, as Erasmus is engaged in other matters. If Mr Nkuna and Mr Kekana can iron out their differences for the court to proceed, that will be fine,” said Moloi.
However, Nkuna objected, calling Moloi a liar about him firing three lawyers.
“I did not fire three lawyers; Ms Moloi is lying.
“Adv Mabasa... I didn’t fire him, but when the case was postponed to Mbombela, he told me he only works in the Highveld. Mabasa was a good lawyer and the way he approached me was good,” said Nkuna.
The matter was then adjourned to check if Mabasa was able to avail himself in Mbombela to represent Nkuna.
Nkuna is accused of the April 2022 murder of Hillary Gardee, the daughter of EFF deputy president Godrich Gardee.
He is also accused of murdering Nonkululeko Nkosi and is also on trial for the murder of Gauteng couple, Lucky and Sabeliwe Mogashoa whom he allegedly murdered in the presence of their one-year-old and six-year-old children.
Nkuna is currently serving two life sentences for the murders of his girlfriend, Pretty Mazibuko, and her sister, Marcia, a police officer.
Sowetan
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