Publication: The Star Issued: Date: 2006-02-13 Reporter: Moshoeshoe Monare Reporter: Karyn Maughan Reporter:

Zuma Stays Defiant

 

Publication 

The Star

Date 2006-02-13

Reporter

Moshoeshoe Monare
Karyn Maughan

Web Link

www.thestar.co.za

 

As his rape trial starts, upbeat ANC deputy is eager for the chance to clear his name in court

With his highly publicised rape trial due to start today, a defiant Jacob Zuma has vowed that he would never leave the ANC - despite his "current problems".

Addressing supporters at a Cosatu election rally in Rustenburg, North West, yesterday, he said he would deal with his problems internally, adding that his popularity did not extend beyond the ANC.

"You see, I am facing these challenges. I have received many messages from people saying 'Build your own party, Msholozi. We will join and be with you'.

"I joined the ANC to work for the people. Whether I hold a high position or not, I will still continue working for the people until I die. Regarding my current problems, I will solve them within the ANC.

"I can't talk about the cases because they are still pending in court. When the court cases are over, I will sit down with my organisation and solve them because I believe that things have to be corrected. I won't go outside," Zuma said in isiZulu to rapturous applause.

The country's former deputy president was due to appear on a rape charge in the Johannesburg High Court today. He is also facing a corruption case in the Durban High Court.

A senior Zuma clan member, Silas Zuma, told The Star yesterday that several members of the Zuma family would support him at the high court this morning.

"We welcome the opportunity for Jacob to answer for himself. We have been calling for matters to be handled in this way and not in a trial by media," said Silas Zuma, adding that Zuma was "still the Jacob we know".

Jacob Zuma spent the day before his trial attending the funeral of George Nene, the chairperson of the Gauteng branch of the Friends of Jacob Zuma Trust Fund, in Joburg before attending the rally.

"The family are giving him a breather , but he knows that we are behind him, and he is eager for his trial to begin," Silas Zuma said.

Jacob Zuma yesterday took a swipe at disgruntled ANC members contesting local government elections as independent candidates.

"The independents went to the ANC half-heartedly; they were not committed to the ANC - they just wanted positions. The day they were told that they don't have positions, they left.

"They won't get elected, they will be left out in the cold. They will come back running, asking for forgiveness," he said.

He reminded the audience that Bantu Holomisa was popular when he left the ANC to form the United Democratic Movement, but was not doing well with his new party.

"It is not the individual that counts. No matter what level [he is in] in the ANC, it is the ANC that counts. When people feel they have a lot of support while in the ANC, they think they are popular. This is a big mistake," he said.

In response, Holomisa said Zuma might also be expelled from the ANC. "If the ANC expels him after he has been found guilty, he will also have to obey the constitution of the ANC. So he mustn't compare stones and apples.

"I didn't leave the ANC on corruption-related issues," added Holomisa, who was expelled for putting the party into disrepute after accusing Public Works Minister Stella Sigcau of impropriety.

Jacob Zuma also accused the media of trying to determine who should lead the ANC.

"(In the ANC) you can't say 'I want to be the president' or 'I want to be the deputy president'. It is the ANC membership that determines that) and not the media.

"You can't say because the leadership of the ANC produces the president of the country, you need to participate (in the debate). Join the ANC when you want to participate. Doors are open," he said.

Zuma reiterated the importance of a militant, vibrant youth to defend democracy *1.

"Without a vocal youth we will never have a future. It is an important element of any organisation, of any country, to have sharp and articulate brains that correct things, don't be intimidated, raise your issues so that we don't commit mistakes," he said.

Regarding the row over the appointment of Bernard Ngoepe as Zuma's trial judge in his rape case, several legal experts interviewed by The Star said it was unlikely that Zuma's lawyers would seek Judge Ngoepe's recusal.

In August, Judge Ngoepe issued the search warrants to the Scorpions that authorised the raid on the offices of Juleka Mahomed, Zuma's Johannesburg attorney; the Durban offices of Michael Hulley, Zuma's attorney; and the Pretoria offices of French arms dealer Thint and the home of its chief executive, Pierre Moynot, in connection with Zuma's forthcoming trial on charges of corruption.

Three months later, Mahomed brought a successful application to have all documents and computers seized during the raid returned to her.

Hulley and Thint have since brought similar applications in Durban and Pretoria respectively.

It was speculated that the defence might bring an application for the judge president's recusal - on the basis that Zuma would feel prejudiced because the judge had allowed the search warrants, seemingly making a prima facie decision about Zuma's culpability over the alleged corruption.

One lawyer said: "The fact that a judge or magistrate grants a subpoena for a search in no way demonstrates that he or she has a predisposition against an accused."

Another legal expert said: "A recusal application should only be launched if the defence reasonably believes that the judge or magistrate hearing their client's case will be biased against him or her."

With acknowledgements to Moshoeshoe Monare, Karyn Maughan and The Star.



*1  cf. Business Day reports today that "Zuma had called for a review of democracy in SA".

http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A154060