Cape Town-140324. Expelled ANC councillor,Andile Lili, outside the Cape Town Magistrates Court today after appearing with six others accused of faeces flinging outside the W.Cape Legislature in June last year. Loyiso Nkohla to his left has not been duly charged.reporter:Zodidi Dano.Photo: jason boud

Cape Town - The trial of Andile Lili for poo-throwing did not begin in the Cape Town Magistrate’s Court on Monday, after the magistrate recused herself following a slanging match with the man’s attorney.

Duncan Korabie, for Lili and six others, was in a heated altercation with magistrate Alida le Roux. Le Roux recused herself from hearing the case on the grounds that she had been “talked down to” by Korabie.

“I felt insulted and spoken down to. Your sarcasm was gripping. It’s not a matter of me having a problem with you, it’s actually vice versa.”

The argument began when Korabie asked for the case to be postponed because he had other cases booked. He said he was working on a pro bono basis, but his clients had agreed to pay a portion of his expenses, such as petrol. They had, however, not done so, and as a result he planned to withdraw.

But shortly before they appeared on Monday, Korabie said, they had reached an agreement. He would appear for them on Monday, but was not available on Tuesday.

Le Roux asked why Korabie had not told her this when they met previously in chambers.

Korabie: “You are portraying me to be a liar, and I perceive you to be biased.”

Le Roux denied this, only for Korabie to shout at her: “Stop shouting at me. You will not shout at me in this court - you do not have the authority to do that.”

She replied: “You do not scream at me. Court is adjourned.”

After a 15-minute adjournment the court reconvened, and the argument continued.

Korabie accused her: “The two of us are in a battle, and when you returned you came in with a smug face.”

Le Roux then sad she felt insulted and would recuse herself.

Cape Argus