Zuma's Defence Team Goes In Hard [Sunday Argus, 2005-10-16]

Publication: Sunday Argus Issued: Date: 2005-10-16 Reporter: Jeremy Gordin

Zuma's Defence Team Goes In Hard

Publication	Sunday Argus
Date	2005-10-16
Reporter	Jeremy Gordin
Web Link	www.capeargus.co.za

Adjournment proceeding a taste of what's to come

Jacob Zuma has resolved to run a defence campaign that, like the initial United States military campaign against Iraq, will instill "shock and awe" in the National Prosecuting Authority and anyone else who is against him.

The former deputy president appeared in the Durban magistrates' court this week with his full legal team - four senior counsel, led by Kessie Naidu SC, one junior counsel and his instructing attorney - for what had been considered ordinary adjournment proceedings.

The tack chosen by the team and implemented by Naidu is to play hard and tough and not to let the opposition get away with anything.

As one observer said: "It's known that Zuma said to his team:

'I want a full and proper trial according to the letter of the law. I am not going to be abused in any way. The Scorpions need to know that they need to be very careful. They are not going to get the relatively easy ride they had in the prosecution of Schabir Shaik'."

Apparently the Zuma approach had not been expected by the NPA. Billy Downer SC, who successfully prosecuted Shaik, seemed taken aback by Naidu's trenchant emphasis on the legal impermissibility of the state adjourning the matter to the high court without an indictment having been served on Zuma.

Naidu said:

"This matter is fundamental. What's more, this court is independent of the NPA. But the NPA is not treating the court this way. They are assuming that because they want an adjournment to the high court you will simply agree to do so. But that is legally impermissible - the criminal procedure act is clear on the matter. It is as simple as that. If not, we want our bail back and we want to go home.

"I am deeply dismayed," Naidu continued with a straight face *1, "that the state would even consider pursuing a path such as this."

Naidu told the court that he was planning to argue in detail on section 342A of the criminal procedure act, "unreasonable delays in trials".

During the second recess the state and defence agreed that a provisional indictment against Zuma would be made available on November 2 and that his next appearance for adjournment to the high court would be on November 12. Later a trial date in the high court was set for July 31.

November 12, a Saturday, was decided on to limit disruption to other proceedings at the magistrates' court. On Tuesday, apart from the presence outside the court of pro-Zuma supporters singing and burning T-shirts with President Thabo Mbeki's face on them, there was unrest among the many people who had to come to court because their trials had been set down.

With acknowledgements to Jeremy Gordin and Sunday Argus.

*1 Oh Kessie, our Kessie!

the senior of four senior counsel during the Zuma Magistrates Court preliminaries;
the leader of the watching brief for Thomson-CSF during the Shaik trial;
the negotiator on behalf of Thomson-CSF with the NPA when Thint SA was spared its day in court in return for an affidavit from Alain Thetard;
counsel for Penuell Maduna, Minister of Minerals and Energy Affairs;
the leader of evidence at the Hefer Judical Commission of Enquiry;
the co-ordinator of drafting of Zuma's answers to the list of NPA's tough questions;
former chairman of the Road Accident Fund; and
advocate taxi-driver just waiting in the queue for a legal fare to come along.

A case of many interests.

I'm on Nobody's Side, says Naidu

Publication      : Sowetan
Date               : 2003-10-16
Reporter         : Willie Bokala
Web Link       : www.sowetan.co.za

Hefer Commission advocate Kessie Naidu yesterday gave Judge Joos Hefer an assurance that he would be impartial when leading evidence in the probe into allegations that the national director of public prosecutions was an apartheid spy.

Naidu was speaking at an early morning meeting before the commission's proceedings kicked off in Bloemfontein yesterday.

Judge Hefer, appointed to head the commission, said he believed that if there was likely to be any conflict of interest, Naidu would have recognised such a possibility.

He said he had spoken with Naidu, who had said his conscience was clear and that there was no risk of him acting impartially.

Concern's about Naidu's role in the commission were first raised because of his close association with Deputy President Jacob Zuma and Justice Minister Penuell Maduna.

He will be expected to lead evidence to help the commission to establish the validity of claims that Maduna and Scorpions boss Bulelani Ngcuka abused their offices to pursue personal agendas.

Zuma has questioned the motives behind the Scorpions probe into allegations of corruption against him.

With acknowledgements to Willie Bokala and the Sowetan.