Issued by: The Ministry of Justice
ADV. JOHNNY DE LANGE, M.P. NATIONAL ASSEMBLY HOUSES OF PARLIAMENT CAPE TOWN 8001 TELEPHONE 021-4032728 TELEFAX 021-4616551 E-MAIL JDELANGE@A C KRGZA
VERY URGENT
26 October 1995
Mr. Nick Pretorius Legal Aid Board Private Bag 163 Pretoria 0001
Fax No.: 012-341 8747
Dear Mr. Pretorius,
Re: QUERY RELATING TO THE CRIMINAL PROCEEDINGS PERTAINING TO THE CASE OF STATE VS. VERMAAS
You will recall, during a meeting we attended, on Saturday 07 October 1995, I raised a query with you that I have received from Dr. De Oliviera, S.C., the Attorney General of the Transvaal, pertaining to the legal representation provided by the Legal Aid Board in the case of State vs Vermaas. Find enclosed herewith the written portion of the submissions made by Dr. De Oliviera at the joint public hearings of the Portfolio Committee of Justice and the Select Committee on Justice, in Pretoria, on Wednesday 27 September 1995.
You undertook to respond to the matter during the following week. To date hereof I have not received any response from you.
Since first dictating this letter, further media reports, inter alia, on page 7 f the Star of 16 October 1995, have raised the spectre of most of the legal aid funding being expended on persons with substantial resources, financial and otherwise. It is my humble opinion that this was never the intention of the founding mothers and fathers of the Interim Constitution, nor the Government when they voted more money for legal aid in the last budget. These monies were meant to benefit the most indigent amongst us. Now alleged criminals who appear to have substantial means at their disposal are rapidly whittling away monies which were never meant for them. Why does your average accused in the Supreme Court, who cannot afford his or her own legal representation have to accept State assistance in the form of Pro Deo Counsel, when Vermaas, the Austrian citizen and the accused in the motor vehicle syndicate case, can use substantial amounts of legal aid funding?
I of course realize that the media are often sensationalist. However, if the article in the Star is even only partially correct, this is a serious indictment of how we are operating our legal aid system. The public will not accept this. And rightly so. I for one will not accept this state of affairs either.
As indicated to you, various aspects of the Legal Aid Board's funding of the Vermaas case perturb me and I do require further investigation in this regard. Therefore, kindly provide me with a detailed report, dealing with the following.
1. all aspects, steps and activities undertaken by the Board in this connection to date hereof; 2. the future steps and activities the Board is taking or anticipates to undertake in this regard; 3. all costs that have already been incurred or agreed to, as well as a projection of future costs in this regard, including the names and amounts each respective lawyer has or will be receiving; 4. how the judge came to make the ruling he did in this matter, including all evidence placed before him in this regard, in particular, reference pertaining to the financial position of the accused in this matter, the court record dealing with this aspect, who had requested such an order from the judge, the basis upon which the judge made the order and the legal position of the Board finds itself in when such a judgement has been made and so forth; 5. all the information you have gathered on the financial position of Mr. Vermaas; and 6. any other information you may deem relevant in this regard.
Kindly further provide me with a similar detailed report in respect of legal aid assistance granted in the criminal matters of the Australian citizen on drug-related charges and the accused in the motor vehicle theft syndicate case. In particular, also provide me with the names and particulars of the attorneys who are acting for the said accused and who made the said applications to the Board.
Kindly further provide me with a detailed report of all steps being implemented or proposed by the Legal Aid Board to ensure that legal aid funding is spent equitably and in respect of those persons it should be benefitting.
Kindly treat this matter as one of utmost urgency. If any aspect hereof requires clarification or elucidation, please do not hesitate to contact me whenever you may find it convenient to do so.
Thanking you in anticipation. I await your response soonest.
Yours sincerely
Signature ADV. JOHNNY DE LANGE, M.P. CHAIRPERSON, PORTFOLIO COMMITTEE ON JUSTICE
Copy to:
1. Dr. J. S. De Oliviera, S.C. Attorney General: Transvaal. 2. Adv. Dullah Omar, M.P., Minister of Justice. 3. Adv. Jasper Noethe, S.C., Director General of the Department of Justice. 4. Senator Mohseen Moosa, Chairperson, Select Committee on Justice. 5. Members of the Portfolio Committee on Justice. 6. Members of the Select Committee on Justice.