Publication: Business Day Date: 2005-06-30 Reporter: Reporter:

Zuma : State Widens Net

 

Publication 

Business Day

Date

2005-06-30

Reporter

Own Correspondent

Web Link

www.bday.co.za

 

More arrests possible

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

This was revealed yesterday when Zuma made his first appearance in court, where he was charged with two counts of corruption.

He was not asked to plead and was released on a pre-arranged bail of R1 000.

Zuma was allowed to keep his passport, on condition his attorney, Michael Hulley, inform the investigating officer of Zuma's travel plans.

He was also instructed not to communicate with witnesses - most of whom were also state witnesses in his financial adviser Schabir Shaik's trial.

Zuma is expected back in court on October 11.

Unlike other accused, Zuma did not stand in the dock. Instead, he faced Magistrate Thomas Ncube from the court table reserved for lawyers, next to defence team advocate Mohamed Patel.

Prosecutor Anton Steynberg, who was part of the state legal team which prosecuted Shaik, presented the charge sheet to the court, devoid of any detail, bar 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 said.

Afterwards, Steynberg told reporters there was a probability of more charges being proffered against Zuma.

"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."

Asked if Shaik himself 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 his cross-examination, that he was still making payments to Zuma. He declined, however, to make the relevant financial records available to the Scorpions.

It became increasingly clear yesterday that while Zuma will make his second appearance in four months' time that South Africa in unlikely to see him going on trial this year.

Said Steynberg: "Both sides are anxious to get this thing started. But Zuma will make a few more appearances before we get to that stage."

In court yesterday were the two Scorpions investigators who handled the Shaik matter - Johan du Plooy and Isak du Plooy. Also in court 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 the trial of Zuma is expected to mirror that of his friend and financial adviser Schabir Shaik who has been convicted of fraud and corruption and sentenced to 15 years in jail.

Some witnesses who participated in the Shaik trial are expected to be called, by both the prosecution and defences. These 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 Jurgen Kogl *1.

During his evidence, Shaik said that the three were also making payments to Zuma.

Zuma's appearance in the Durban Magistrate's Court yesterday was no ordinary appearance.

It was as brief as expected, but unlike other first appearances in a magistrate's court, police had to fire tear gas to disperse throngs of anxious supporters.

Unlike other magistrate court matters, court 12 was barred to all those without accreditation, almost sparking a riot 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, first had to pass X-ray machines and metal detectors wielded by security guards.

Outside the building, the protest mounted, as more than a thousand pro-Zuma supporters chanted, sang and toyi-toyed.

Pandemonium nearly broke out as the crowd surged towards the steel fence to get a glance of their hero.

Some people in the crowd battled with the police, forcing the steel gate open while others jumped over the fence around the court complex.

Police fired tear-gas, but this did little to dull the hysteria of Zuma's supporters.

In the public gallery during Zuma's appearance KwaZulu-Natal ANC ministers Bheki Cele, Zweli Mkhize and Mike Mabuyakhulu sat together on one of the front benches.

The rest of the public gallery was filled with supporters - some wearing Zuma "100% innocent" shirts - as well as friends and family.

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

As Zuma left the court, there were shouts of "phantsi Mbeki (down with the oppressor *1)".

Zuma drove past his supporters outside the gates of the court compound after his lawyers paid his bail. He was allowed to park in the staff parking area.

The ANC deputy president just smiled *2 and waved at his supporters, but didn't say anything as his supporters rattled the gates.

The country's crunch trial had begun.

With acknowledgements to Business Day.

*1  What about Chippy?

*2  A tiny leap of isilogic?

*3 What knoweth he?