A Taste of the Bunfight to Come |
Publication | Mail and Guardian |
Date |
2005-10-14 |
Reporter |
Sam Sole |
Web Link |
Burning passion: Zuma supporters demonstrate outside the Durban
Magistrate's Court
(Photograph: Shayne
Robinson/Photowire)
South Africans had a foretaste of just how
bitterly fought the Jacob Zuma case will be, both legally and politically after
the former deputy president appeared in court this week.
Zuma’s lead
counsel, Kessie Naidu, SC, arrived at the Durban Magistrate’s Court with a small
army of lawyers, comprising no fewer than three other senior counsel, one junior
counsel and his instructing attorney.
Naidu lost no time in displaying
the fruits of this legal expenditure by raising a
complex technical argument over the state’s attempt
to refer the matter to the high court without first supplying a detailed
indictment -- a statement of the essential facts the state will rely on to prove
its case.
He gave explicit notice that the prosecution would not enjoy
the easy procedural ride it appeared to get in the Shaik trial. It was the
opening skirmish in a case that promises to be a marathon of
legal attrition.
Parading his trademark
declamatory style -- part overweening, part
condescending -- Naidu told magistrate Bilkesh Asmal
that the state was attempting to prescribe to her an impermissible procedure,
and warned that if she acceded to the request, he would challenge the decision
immediately in the high court.
After state advocate Billy Downer made his
preliminary counter--arguments, Asmal, who looked as if she would do whatever it took to get the case out of her court,
retreated for a long tea-break.
The parties took the opportunity to come
to an unexpectedly swift agreement.
Facing the chance of a decision that
might mean the withdrawal and reinstatement of charges against Zuma, Downer
tendered an offer of an early provisional indictment to be tabled early next
month, subject to amendment before Zuma’s trial got properly under way.
The defence, having placed the state under time pressure -- and having
created the possibility of exploiting technical points flowing from amendments
to the indictment -- appeared well satisfied. A trial
date was later agreed to for July 31 next year in the Durban High Court.
Naidu’s theatrics were lapped up by a packed
gallery of African National Congress bigwigs, most
openly supportive of Zuma. Some, such as KwaZulu-Natal Premier S’bu Ndebele,
were present more as a matter of form.
Indeed, Ndebele, perceived as
being aligned with President Thabo Mbeki, reportedly had a torrid time the night
before when he tried to speak at the “vigil” held by Zuma supporters outside the
court, and was all but shouted down.
The protest outside the court went
as far as the burning of T-shirts -displaying Mbeki’s picture and reportedly
included highly derogatory remarks about him.
Inside, the atmosphere was
more polite, but still highly partisan.
At one point, ANC spokesperson
Smuts Ngonyama had to remonstrate with ANC Youth League president Fikile Mbalula
when he launched a scathing verbal attack on the -Scorpions, directed at
National Prosecuting Authority spokesperson Makhosini Nkosi.
Key ANC
figures in evidence included ANC secretary general Kgalema Motlanthe,
accompanied by former Limpopo premier Ngoako Ramatlhodi; disgraced MP Tony
Yengeni and retired defence force chief Siphiwe Nyanda; Congress of South
African Trade Unions president Willie Madisha and general secretary Zwelezima
Vavi; and South African Commmunist Party boss Blade Nzimande.
The only
Cabinet minister present was Minister of Transport Jeff Radebe, widely seen as
having been demoted by Mbeki from the public enterprises portfolio to
transport.
‘Please help ...’
International stardom may be
in the future for former deputy president Jacob Zuma. This week, he and his
allegedly ill-gotten millions became the object of a 419 scam.
According
to an e-mail on the Internet, Zuma is feeling such heat that he is seeking
foreign partners to help him shift cash out of the country.
The “419”
scam, named after the Nigerian Criminal Code 419, enacted to deal with officials
looting the state coffers and sending this abroad for safekeeping, aims to con
unwary Web-surfers into handing over their financial particulars.
Signed
by “Margaret Zuma, wife of Sacked Deputy President of South Africa, Mr. Jacob
Zuma”, the e-mail asks readers for help in preventing Zuma from sinking deeper
into “the cesspool dug by our enemies”.
“It is
out of desperation that I am sending you this mail. My husband and I need your
assistance in fronting for us as owner of funds that are his which might come
under investigation soon if the fund’s ownership is not changed soonest.
“My husband’s finances are increasingly becoming the source of
investigation by our distractors [sic]. The source of
these funds, which my husband’s earnings would not validate, will further sink him into the cesspool dug by our enemies. It
is because of the dire straits we find ourselves in that we resolved to reach
you and ask for your assistance.”
In what may not please the Congress of
South African Trade Unions, the African National Congress Youth League, Schabir
Shaik or others Zuma may have thought were his loyal comrades, the e-mail
concludes: “We are averse to letting those we know into this deal because we are no longer sure of who our friends are. You will be
handsomely rewarded if you choose to help us partnership in this project.” --
Fikile-Ntsikelelo Moya
With acknowledgements to Sam Sole and the Mail & Guardian.