Publication: The Natal Witness
Issued:
Date: 2005-08-20
Reporter: Sapa
Reporter:
| Publication |
The Natal Witness
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| Date |
2005-08-20
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|
Reporter
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Sapa
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|
Web Link
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www.news24.com
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Raid
on Zuma's lawyers 'a violation', says legal body
Condemning the
Scorpions' raid on the office of the attorney of former deputy president Jacob
Zuma, the General Council of the Bar of South Africa (GCB) called on them to
return everything they seized as soon as possible.
The raid appears to
violate the principle of attorney-client privilege, the GCB charged. This holds
potentially serious consequences for the administration of justice in general,
and the fair trial of Zuma in particular.
However, the National
Prosecuting Authority (NPA) maintained that Thursday's search-and-seizure
operations were "perfectly legal" and carried out with court orders granted by
the Pretoria High Court.
"The principle of attorney-client privilege or
confidentiality is foundational to a fair system of criminal and civil justice,"
the GCB said. "Clients, including Mr Zuma, are entitled to communicate with
their attorneys on a confidential basis even where they disclose the commission
of an offence.
Such privileged communication must be protected at all
costs, failing which the whole of the administration of justice is under
threat."
Zuma's homes in Johannesburg and KwaZulu-Natal were searched by
the Scorpions on Thursday for evidence for his pending corruption
trial.
Raids were also carried out on the Durban home of Zuma's former
financial adviser Schabir Shaik, on the offices of his personal lawyer Julie
Mahomed, and those of his attorney Michael Hulley.
The Scorpions also
searched Tuynhuys in Cape Town, the Union Buildings in Pretoria, and several
residences and offices in KwaZulu-Natal, Gauteng, the Western Cape and
Mpumalanga.
It is "cold comfort" that attorney-client communication
procured in the raid is not intended for use in subsequent or pending criminal
proceedings, and will be kept sealed in an envelope with the registrar or the
clerk of the court, the GCB said.
Cosatu, which congratulated the GCB on
its "heroic stance", also came in for criticism, however, over its call for
President Thabo Mbeki to discontinue Zuma's trial and reinstate
him.
Mbeki's decision to relieve Zuma of his duties while his trial is
pending "speaks volumes for our government's respect for the rule of law", the
GCB said.
A University of KZN law professor, meanwhile, said the raids on
the lawyers' offices and the presidency were "highly unusual" but not
illegal.
"However, in executing the search, parts of their conduct may be
challenged," said Professor Robin Palmer.
Palmer's comments came as
Mohamed waited to receive the affidavit upon which the search warrant was
obtained.
"What drastic information did they require to justify the
breach of attorney-client privilege? My other client's files, who have nothing
to do with Zuma, were also perused page by page and attached," Mahomed
said.
"I'm simply outraged."
Edward Ngubane, president of the
Black Lawyers Association, said the raids on attorneys offices are "of grave
concern".
He said searches are allowed if the attorney is suspected of a
crime.
Meanwhile, Cosatu's response to the raids has been described as
"unfortunate" by the presidency.
Presidential spokesman Murphy Morobe
told SAfm: "It sounds like they were said at the heat of the moment. I'm sure
that in quiet reflection and consideration, even Cosatu would agree that the
democracy in this country has never been stronger."
Cosatu called the
raids "a full-frontal attack on our revolution itself".
*The KZN Finance and Economic Development ministry has decided not
to comment on the search of MEC Zweli Mkhize's office. *1
With acknowledgements to Sapa and The Natal Witness.
*1 Most probably because they are finding difficulty in
conjuring up explanations for the occult motor car and duplex apartments that
mysteriously came into the possession or occupation of the doctor during the
reign of King Schabir of Nkobi and Floryn and Clegton and Clanwest and
more.