Defence counsel for terror-accused twins Brandon-Lee and Tony-Lee Thulsie on Friday told the Johannesburg High Court she intends to challenge the constitutionality of the Terrorism Act.
In pretrial proceedings, Attorney Annelene van den Heever told judge Raylene Keightley she would be submitting a constitutional defence application, which would challenge the South African Terrorism Act, which her clients were being charged with.
“Prepare a pretrial draft with time lines,” Judge Keightley ordered, adding that the issue would be dealt with at the accused’s next appearance.
Van den Heever said she will make other pretrial applications, which include further disclosure, access to witnesses and physical evidence from the forensic laboratory.
She also said she was unhappy with the media showing visuals of the accused as she felt this could have an impact on evidence. Keightley said she has already photographs of the twins in the press.
However, state prosecutor Chris MacAdam countered the defence saying there were no identification issues with showing images of the Thulsie twins.
He said the images that were used by the media previously were googled, and some were obtained in court files, but were not a “representation of their current standing”.
The twins have been behind bars since they were arrested in July 2016. They were arrested on suspicion of plotting terrorist attacks on various Jewish institutions and individuals as well as attempting to join ISIL.
The matter was postponed to 27 October.