Zuma Judge Asked to Quit [Cape Argus, 2006-02-13]

Publication: Cape Argus Issued: Date: 2006-02-13 Reporter: Karyn Maughan Reporter: Jeremy Gordin

Zuma Judge Asked to Quit

Publication	Cape Argus
Date	2006-02-13
Reporter	Karyn Maughan, Jeremy Gordin
Web Link	www.capeargus.co.za

Rape trial lawyers tell court of ‘bias’ fears

Jacob Zuma's defence dropped the first bombshell when his rape trial opened today, as Judge President Bernard Ngoepe adjourned proceedings in the late morning to consider an application to recuse himself.

Zuma lawyer Kemp Kemp told the Johannesburg High Court his client feared Mr Justice Ngoepe “might not look at his case in an unbiased manner”.

This was because the judge president had issued warrants to the Scorpions for searches of the offices of Zuma attorneys Julie Mahomed in Johannesburg and Michael Hulley in Durban in connection with Zuma’s corruption trial.

Kemp argued that Mr Justice Ngoepe had used his discretion to issue warrants for searches in places outside his direct
jurisdiction. *1

“Clearly,” he argued, “Judge Ngoepe must have been satisfied that the Scorpions had a prima facie case if he issued the warrants.” *2

Judge Ngoepe interrupted Kemp a number of times to point out that only allegations had been put to him in the application for search warrants and that he had made no findings on their credibility.

Earlier court 4E fell silent when Zuma stepped into the dock for the first time.

Greeting his supporters with cupped hands and smiling, Zuma had earlier sat next to his bodyguard – on a bench usually reserved for attorneys – instead of the seating reserved for accused persons.

Despite the 5 000-strong pro-Zuma demonstration promised earlier, only about 300 surporters had arrived outside the court by 9.15am.

Police said that by 11am about 2 000 protesters were outside the court.

The real battles began when journalists who did not receive one of the 35 media accreditations tried to get into court 4E.

Even Zuma’s own attorney, Michael Hulley, struggled to gain entry to the court.

The complainant’s supporters in court were mostly women. They were outnumbered by Zuma supporters, who spilled over on to the bench reserved for the complainant’s friends and family. Security in court was tight, with at least six armed policemen controlling access. Inside court 4E, six police in bullet-proof vests stood at the back of the courtroom.

Zuma had arrived at court as police dressed in riot gear squared off against hundreds of his supporters, chanting slogans and dancing.

He was set to come face to face today with the woman who accuses him of rape, after she arrived at the court building with a police escort at 7am.

A scarf covering her face, the 31-year-old Aids activist, who may not be named, was flanked by armed guards and accompanied by an unidentified woman.

She rushed up the steps of the court building and once inside was whisked away from the media and curious members of the public.

Zuma was smuggled in via a back door, evading a crowd of supporters and anti-rape protesters in front of the building in Pritchard Street.

By 5.30am a huge police contingent was guarding the cordoned-off court precinct.

Riot police in bulletproof vests as well as plainclothes officers and metro police personnel were posted everywhere.

Emergency services were on standby and a large media contingent had set up their equipment in front of the building. Streets around the court were closed by barricades.

At about 6.20am, a small group of people wearing “100% Jacob Zuma” T-shirts were chanting Zuma’s support song, Awuleth’ (sic) umshini wami (Bring My Machinegun).

Zakhele Zuma, a Zuma supporter, said: “We are here to support JZ, because we are against what is happening to him.

“This is a political issue, because Zuma is a Zulu and the Xhosas do not want anybody who is non-Xhosa to lead the people.

“Jacob Zuma is the one who fought against children and women abuse. This is a political scandal and a certain element within government structures have framed him.”

At 7.30am police with a sniffer dog checked for explosives around the court precinct, as the crowd continued to swell.

Meanwhile another group of Jacob Zuma supporters, identifying themselves as former ANC struggle fighters, vowed to fight to ensure he became South Africa’s president.

They came from Vosloorus on the East Rand to support their hero at the High Court.

“The president (Thabo Mbeki) and his executive do not want Zuma to be president,” one of the group, Joseph Dlokotho, said. “Zuma is going to win the case and if he does not, we will fight for him to be president.”

The group claimed that the rape case was part of a conspiracy to prevent Zuma from becoming president. The Zuma supporters and anti-rape protesters staging a rival demo exchanged insults.

Anti-rape protesters sang in Zulu: “Why are you playing around with your pants, now you have caused a problem?”

A pro-Zuma supporter, bearing a traditional shield and three sticks, pointed at them, chanting “Look at those bitches.”

About 30 people, mostly women, held up placards reading “Rape is always a crime” *3, “Solidarity with women who speak out” and “Silence does not equal consent.”

The protesters included members of People Opposed to Woman Abuse (Powa), the Gender Aids Forum, the Forum for the Empowerment of Women, a black lesbian group, and the Positive Women’s Network.

Powa public awareness manager Carrie Shelver said they were there in support of survivors of sexual violence – and the complainant.

She said current legislation did not really provide for survivors of sexual violence.

With acknowledgements to Karyn Maughan, Jeremy Gordin and Cape Argus.

*1 Logic which plays a bit of havoc with the Accused's other current court application to strike out all the search and seizure warrants.

Judgment before Wednesday, 15 February 2006 out of the Durban High Court.

*2 Indeed Indeed (dual redundancy seemingly somewhat popular at present).

*3 Sometimes fortunately, sometimes unfortunately, carnal knowledge is not always a crime.