Publication: Sunday Argus Issued: Date: 2005-10-09 Reporter: Santosh Beharie Reporter: Edwin Naidu

Zuma Trial: NPA will do its Talking in Court

 

Publication 

Sunday Argus
Date

2005-10-09

Reporter

 Santosh Beharie, Edwin Naidu

Web link

 

The National Prosecuting Authority is playing its cards close to its chest as it prepares for a courtroom showdown with axed deputy president Jacob Zuma in two separate, but linked, legal battles in Durban this week.

"The NPA intends to do all its talking in court," is all NPA spokesman Makhosini Nkosi would say about Zuma's criminal trial at the Durban Magistrate's Court on Tuesday.

He also said the NPA would file papers by tomorrow opposing a joint High Court application by Zuma and his attorney Michael Hulley to have the recent raids on their homes and offices declared null and void

The recent raids had yielded more than 93 000 documents

Despite his opposition, Zuma's second appearance for his fraud and corruption trial on Tuesday is likely to be adjourned until March next year, while the Scorpions continue probing his financial affairs, await an auditor's report and finalise the charges.

In correspondence between Hulley and Scorpions prosecutor Anton Steynberg which forms part of papers filed in the High Court on Thursday, Steynberg told Hulley the state was not ready to proceed with the trial against Zuma.

But in response Hulley wrote, "Any further delay would ... would not be in (Zuma's) interests, nor in the administration of justice.

"(Zuma) will not be disposed to consenting to an adjournment for further investigation."

However, Steynberg said no undertaking had been given at Zuma's previous court appearance that the investigation would be finalised by next week

'The application for the search warrants is fatally defective'

He said the recent raids had yielded more than 93 000 documents that had to be scanned, copied and scrutinised, and "many thousands" of pages of new bank records required analysis.

"Our forensic auditors say this will take at least another three months and only then can a report be drafted ... further threatened applications, including one by your client, will invariably lead to further delays. In the light of the above the state will have no option but to apply for a further adjournment of this matter," Steynberg said.

He proposed that the case be adjourned until March next year, when the state would serve Zuma with an indictment and the docket and forensic report would be made available to the defence. He also proposed that the judge president be approached towards the end of this year to arrange a trial date.

In court papers Zuma argues that the Scorpions' investigation was "null and void" because the senior investigator, Johan du Plooy, did not have authority to apply for search warrants.

Du Plooy obtained warrants for the operations from Judge Bernard Ngoepe's chambers. The raids were conducted on August 18.

In his affidavit, Du Plooy stated that in 2000 the Investigating Directorate of Serious Economic Offences began a preparatory investigation into allegations of corruption and/or fraud against Zuma.

Du Plooy explained that the director of Serious Economic Offences had appointed him to conduct the investigation on his behalf.

Zuma said in court papers that the appointment of Du Plooy contradicted Section 28 of the National Prosecuting Act, which stated that as an appointed special investigator Du Plooy could only conduct an investigation on behalf of the Scorpions.

Zuma argued that this meant Du Plooy's founding affidavit to the warrants and the investigation was "null and void".

"If I am correct in this submission, the application for the search warrants is fatally defective," Zuma said.

He said he had been advised that "the legal and factual issues concerning Du Plooy's alleged designation under Section 28 of the Act were not a mere technicality".

Zuma added that the investigating directors from the Scorpions and Serious and Economic Offences had exceeded their powers, which was "a requirement of constitutional substance".

Zuma asked the court to set aside the search warrants for his home in Forest Town and for his attorney's offices.

He said the warrants had been unlawfully and improperly obtained, were too broad, and were unlawfully executed *1. Zuma also pointed out that on the basis of Du Plooy's affidavit, the charges against him were "mirror images of the charges against (Schabir) Shaik and Shaik's companies".

He said Du Plooy's affidavit had stated that the Scorpions were investigating new charges against Zuma.

Zuma said the search warrants had prejudiced his preparations for a fair trial.

"All the documentation which was sent to my attorney for the purpose of study, preparation and advice on preparations for trial, have been seized and removed," Zuma said.

He said that his preparation for trial was "seriously undermined".

"My right to silence has, in effect, been irretrievably infringed," Zuma said.

Zuma said that "further proceedings would be launched for appropriate relief" because his constitutional right to a fair trial had been violated.

The Scorpions, which initially said Zuma would be presented with a complete charge sheet when he appeared in court on October 11, have until tomorrow to defend the application but it is expected the case will be adjourned.


*1 The Sunday Times Mampara of the Year 2004 doth protest too much.