Publication: The Star Issued: Date: 2005-06-30 Reporter:

Who Will Join Zuma in the Dock?

 

Publication 

The Star

Date

2005-06-30

Reporter

Staff Reporters

Web link

 

Jacob Zuma could face more charges. And more faces may, in all likelihood, also join him in the dock.

These revelations were made on Wednesday when the former deputy president made his first appearance in court, charged with two counts of corruption.

He was not asked to plead and was released on prearranged bail of R1 000.

Unusually for one in his position, Zuma was allowed to keep his passport, on condition that instructing attorney Michael Hulley inform the investigating officer of any travel plans.

He was also instructed not to communicate with witnesses named on a list attached to the charge sheet. Most of those were also state witnesses in the trial of his financial adviser, Schabir Shaik. Zuma is expected back in court on October 11.

In contrast with other first appearances, members of Zuma's entourage were allowed to park in the underground staff parking area and, unlike other accused, he did not stand in the dock.

Instead he faced magistrate Thomas Ncube from the court table reserved for lawyers, next to the junior member of his defence team, Advocate Mohamed Patel.

Prosecutor Anton Steynberg, part of the state legal team that successfully prosecuted Shaik, presented the charge sheet to the court.

It was devoid of any detail except for Zuma's name and the fact that he faces two charges of "corruption - receiving a benefit" under the Corruption Act of 1992.

"We need to update our financial investigations and modify our forensic report... there are also various other avenues which still need investigating," Steynberg told the court.

Afterwards, he told reporters more charges against Zuma would probably be pressed.

"In the Shaik case, we investigated up to October 2002... that's where our records stop. We have to go in and find out what has happened since then. I cannot rule out that there won't be other arrests: that depends on our investigations," said Steynberg.

Asked if Shaik could be a state witness, he said: "My mouth waters at the prospect... but I can't see him agreeing to testify for the state. It is highly unlikely."

Shaik testified under oath during cross-examination that he was still making payments to Zuma. But on legal advice he declined to make the financial records available to the Scorpions.

Steynberg said an indictment spelling out the details of all the charges would not be served on Zuma at his next court appearance. An indictment is usually served on an accused when the matter is ready to go to trial - in this case in the High Court.

Yesterday it became increasingly clear that, while Zuma will make a second appearance in four months, South Africans are unlikely to see him tried this year.

Steynberg said: "Both sides are anxious to get this thing started. But Zuma will make a few more appearances (in the magistrate's court) before we get to that stage."

In court on Wednesday were the Scorpions investigators who handled the Shaik matter - Johan du Plooy and Isak du Plooy.

Also present was lawyer Ajay Sooklal, who has a watching brief for Pierre Moynot, SA director of Thomsons (now called Thint), who testified in the Shaik trial and is on the Zuma witness list.

In many ways, Zuma's trial is expected to mirror that of Shaik who was convicted of fraud and corruption and sentenced to 15 years in jail.

Some witnesses from that trial are expected to be called by both prosecution and defence. They include Moynot; forensic auditor Johan van der Walt of KPMG; and possibly former judge Willem Heath.

Other potential witnesses include Durban millionaire Vivian Reddy, Mpumalanga businesswoman Norah Fakude and German tycoon Jörgen Kogl. During his evidence, Shaik said the three were also making payments to Zuma.

Zuma's appearance on Wednesday was something out of the ordinary.

It was as brief as expected but, in a categorical departure from other first appearances, police fired teargas to disperse throngs of anxious supporters.

Also, Court 12 was barred to all those without accreditation and a riot almost ensued among the 40 journalists trying to get in when National Prosecuting Authority official Lucinda Monieya disappeared into the safety of the courtroom and switched off her cellphone.

The 15 journalists and 50 members of the public who did get in had to pass X-ray machines and metal detectors wielded by security guards.

Outside, the protest mounted as more than 1 000 Zuma supporters chanted, sang and toyi-toyied. Pandemonium nearly erupted when the crowd surged towards the steel fence to get a glance of their hero. Some in the crowd battled with the police, forcing the steel gate open while others jumped over the fence.

The firing of teargas did little to quell the hysteria.

In the public gallery, KwaZulu Natal ANC ministers Bheki Cele, Zweli Mkhize and Mike Mabuyakhulu sat together on a front bench, while the rest of the public gallery was filled with friends, family and supporters - some wearing Zuma "100% innocent" shirts.

Two women - reportedly from the ANC Women's League - sobbed throughout the hearing.

As Zuma left the court, there were shouts of "Phansi ngo Mbeki - Down with the oppressor".

The ANC deputy president just smiled and waved at his supporters, but he said nothing as his supporters rattled the gates.

The country's crunch trial had begun.

What Zuma said

In a statement released after the court hearing through his Durban-based attorney Michael Hulley, Jacob Zuma said:

The day when the state has decided to prosecute me in the proper forum, a court of law, has finally arrived.

For a period of five years my person has been subjected to all types of allegations and innuendo paraded through the media and other corridors of influence, without these allegations having being tested and thereby being denied my constitutional right to reply and defend myself.

I trust that my rights to a speedy trial will be observed.

I respect the criminal justice system and the due process of the law, for which I and many others have dedicated our lives to.

I trust that the media and others alike will respect the process and allow me the opportunity to properly present my case in court, free from undue interference and conjecture.

I am heartened by the many prayers and good wishes expressed towards me for which I express my sincere gratitude. I acknowledge the prosecution for the professional manner in which they have thus far interacted with both myself and my legal representatives in respect of my appearance in court.

With acknowledgement to The Star.