Publication: Sapa Issued: Johannesburg Date: 2006-02-13 Reporter: Amy Musgrave Reporter: Jenni Evans Reporter: Sibongakonke Shoba

Zuma Wins First Round in Court

 

Publication 

Sapa
BC-COURT-N/L-ZUMA

Issued

Johannesburg
Date 2006-02-13

Reporter

 Amy Musgrave, Jenni Evans, Sibongakonke Shoba

 

ANC deputy president Jacob Zuma smiled as he led supporters in song after his first victory in his rape trial on Monday.

Zuma's legal team succeeded in having Transvaal Judge President Bernard Ngoepe recuse himself from the trial before it got underway in the Johannesburg High Court.

"We are happy with the decision because we were not going to be satisfied with him in the case," Zuma told around 2000 supporters outside the court.

"He was the one who gave permission to the Scorpions to search my ho uses," said Zuma, referring to the basis of the defence's application for the recusal before leading the crowd with "Letha Mshini Wami" (Give me my machine gun).

Earlier his lawyer Kemp Kemp said to Ngoepe: "The accused is apprehensive that you will not look at his case in the same manner as you would look at another accused's case."

This was because Ngoepe had granted the warrants to search Zuma's homes and his lawyer's premises as well as the offices of French arms dealer Thint ahead of his corruption trial on July 31.

Zuma believed Ngoepe may be biased because the judge had granted the warrants even though the State had told the judge that Zuma maintained his innocence.

After a more than two-hour adjournment, Ngoepe returned to the court and said that even though the legal points raised by Zuma were not sound, he would recuse himself.

"I have decided after careful consideration of the matter, to step aside."

Ngoepe said he had decided to look beyond the personal fears of the accused and take a "robust attitude" as requested by Kemp.

He said: "The protection of the credibility of the judiciary should weigh with me heavily (when making the decision to step aside)."

He said the trial had not yet started and he was therefore not "seized in the matter". If he had to step aside, now was the time to do so.

He denied what he called extravagant words by the media that he had appointed himself to preside over the trial, saying he and his two deputies had decided on the matter.

The reason for this was because it was a high profile trial, and "it was always going to be unpleasant to all involved, including the presiding judge".

The woman at the centre of the trial arrived at the court at 7am with a scarf over her head and a number of bodyguards shielding her.

She stared straight ahead and did not talk to anybody. She was also not seen in the court.

On November 2 last year, she alleges that Zuma raped her after she refused to be massaged by him while she was a guest at his Forest Town home in the city.

Prudence Mabele, executive director of the Positive Women's Network, said: "She's feeling okay, she's ready."

Commenting on the recusal, she said the delay made it more difficult for women to report rape, but she had faith in the justice system.

People Opposed to Women Abuse (Powa) held a small protest outside the court under the banner "Women of Africa Won't Be Beaten".

They were drowned out by Zuma's supporters, as the two groups exchanged insults outside the court.

The Powa supporters, singing in Zulu, asked in song: "Why are you playing around with your penis, 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".

SA Prisoners Organisation for Human Rights president Golden Miles Bhudu, who shackled his hands and feet, hoisted a poster reading: "Jacob Zuma was raped."

Streets around the court were cordoned off by hundreds of policemen, many in riot gear, with the controversial pro-Zuma song "Msholozi" blaring on a continuous loop.

Zuma's attorney Mike Hulley said the team was pleased with Ngoepe's decision. He said they did not mean to malign Ngoepe's character.

National Prosecuting Authority spokesman Makhosini Nkosi said the state was ready to proceed, no matter which judge presided.

"Any judge can hear this matter," said Nkosi. "We just want justice for the victim."

The defence will bring a second application to the court on Tuesday, asking for a two-week adjournment to study additional documents from the state, some of which they had only received on Monday.

These included telephone entries and a psychologist's report.

The judge is expected to be Deputy Judge President Jerry Shongwe *1, who heads the Pretoria High Court, as the other deputy judge president Phineas Mojapelo, is not available due to personal reasons.

With acknowledgements to Amy Musgrave, Jenni Evans, Sibongakonke Shoba and Sapa.


*1  Who may also not be available - prepare for a surprize.