Legal Aid South Africa has refused to fund the preparation of a Section 174 application to dismiss charges due to insufficient evidence by the defence in the Senzo Meyiwa murder trial.
On Thursday, the Pretoria High Court resumed the case and had to push the proceedings to another day as defence counsel challenged the decision by Legal Aid.
Legal Aid, which is footing the legal bill of the accused in the murder trial, informed defence attorneys that it would not finance the extensive preparation required for the Section 174 application. The state-owned institution, however, said it was prepared to cover the costs of a limited two-hour trial preparation fee.
Only service can be paid
“The constitutional committee was not amenable to paying a fee for the four-week preparation. Two-hour preparation, which is the trial date, can be paid,” a representative from the Legal Aid stated.
“They are only allowed to charge a tariff fee (2 hours) and won’t be paid for four weeks of preparation at home,” Legal Aid added.
Legal Aid recently told Sunday World that it has paid over R6-million in the case.
Advocate Charles Mnisi, representing two of the accused, highlighted his challenge.
“I stated to them that it will be quite a challenge on my part to go and sit for four weeks for the preparation of the 174 with no reimbursement. I don’t think I will be in a position to do that.”
Crucial section 174
Mnisi told the court that his clients still wish to bring the section 174. However, with no financial support, he does not see that happening.
“For this section 174, legal aid is not prepared to pay for the preparation of this process.”
Advocate Sipho Ramosepele echoed similar concerns.
“We still wanted to proceed on the 174 application. But our instructing attorneys believe we don’t have a leg to stand on. It is still my client’s wish to bring the application. Even though the instructing attorney said that there is no prospect of success,” said Ramosepele.
Advocate Zithulele Nxumalo took a firm stance.
“The instruction from my client was to proceed, and I had already started drafting. And [also] if I can be granted till 18 August for that application.”
Nxumalo said with or without payment, he would proceed in a week.
State Advocate George Baloyi told the court that once they receive Nxumalo’s heads, they would need three days to file theirs.
Milestone in the case
“We can file by 22 August and agree as to when the matter will be argued,” said Baloyi.
The state concluded its case in July, marking a milestone in the trial.
Judge Ratha Mokgoatlheng postponed the matter to continue with Nxumalo’s filing on August 15, 2025. And to give the state’s response by August 22, 2025.
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