Van Rooyen manipulating court processes, lawyer argues in 'state capture' case

2016-11-01 15:21
Cooperative Governance and Traditional Affairs Minister Des van Rooyen. (Netwerk24, file)

Cooperative Governance and Traditional Affairs Minister Des van Rooyen. (Netwerk24, file)

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Pretoria - Co-operative Governance Minister Des van Rooyen's lawyer was accused of manipulating court processes and wasting the court's time when on Tuesday he asked for a postponement to prepare his client's reply to the applications to intervene in the bid to interdict the release of the "state capture" report. 

Advocate Stephan du Toit faced tough questions from the three judges on the bench of the North Gauteng High Court in Pretoria when he said he had not been given adequate time to respond to the applications by the EFF, UDM and Cope to intervene in the application to interdict the Public Protector's report.

"I received application to intervene late my lord. I cannot deal with this - that is clear unless we can postpone for tomorrow," Du Toit said.

Judge President Dunstan Mlambo then asked how much time Du Toit needed to prepare.

Du Toit said he needed a day to file his applications and prepare arguments.

He said he was not asking for the matter to stand down but for an "opportunity to answer everything he asks which is only related to him".

EFF advocate Tembeka Ngcukaitobi then said that Du Toit was wasting the court's time. 

'The court must refuse application'

He told the court that Van Rooyen's counsel had known of the EFF's applications but had not bothered to cite its interest.

"Then they come to court. They waste and manipulate court processes. They knew for three weeks and they know what the facts are. The court must refuse application to stand down until tomorrow. The court must strike them off the roll," Ngcukaitobi said. 

Judge Phineas Mojapelo said he would only give Du Toit until later in the afternoon to prepare his argument. 

"Because of the constrained nature of the legal issue, you do not need the time until tomorrow. We are prepared to give you until 14:15 then we can continue," he said. 

Van Rooyen is again seeking to block the release of the state capture report.

Ten days after withdrawing his application to interdict the release of the Public Protector's "state capture" report, Van Rooyen again applied to halt its release.

In his application, the minister states that the interdict is only intended to prevent the finalisation and publication of the report to the "extent that it contains findings and recommendations concerning me".

The EFF, Cope and UDM argued that the "state capture" report should be released. 
Read more on:    public protector  |  des van rooyen  |  pretoria  |  state capture report

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