Publication: Cape Argus Issued: Date: 2006-03-03 Reporter: Reporter:

De Kock Judge Takes Hot Seat in Zuma Trial

 

Publication 

Cape Argus

Date

2006-03-03

Web Link

www.capeargus.co.za

 

The judge who sentenced apartheid assassin Eugene de Kock to multiple life terms for the murders of six anti-apartheid activists will preside over the rape trial of former deputy president Jacob Zuma.

Judicial sources had tipped Judge Willie Hartzenberg as most likely to try the case after Transvaal Judge President Bernard Ngoepe said it would be heard by the division's most senior available judge.

Instead, Judge Willem van der Merwe, who made headlines in 1996 when he presided over De Kock's trial, will preside over the trial on Monday.

"There is an understandable huge interest in the matter," Judge Ngoepe said yesterday. "I do hope, though, that we will, all of us, allow the trial to unfold in the most appropriate manner that it should; in particular, that the judging will be left to the judge."

He said that at the end of the trial, Judge van der Merwe would give full reasons for his verdict. These would be made available to the public as usual.

Judge van der Merwe also presided over the 2001 trial of four South African policemen who were captured on videotape setting their dogs on three Mozambicans.

He described the attack, which sparked widespread public outrage, as "cruel and sadistic" and sentenced the men to between four and five years in jail.

Judge van der Merwe's appointment comes after various legal, political and biological connections prevented Judge Ngoepe and his deputies, Jeremiah Shongwe and Phineas Mojapelo, from hearing the case against Zuma.

Judge Ngoepe recused himself at the start of the trial last month. Zuma's legal team argued that the ANC deputy president was concerned that the judge had issued search warrants relating to Zuma's corruption trial in Durban.

Explaining that Deputy Judge President Mojapelo was not available for personal reasons, later understood to be struggle ties to Zuma, the judge president suggested that Judge Shongwe should hear the case.

But Judge Shongwe, whose sister had a son with Zuma 29 years ago, never even made it into the courtroom. Instead, Judge Ezra Goldstein appeared and then postponed Zuma's case to Monday.

Members of the Friends of Jacob Zuma Trust Fund said they had no qualms about Judge van der Merwe presiding over the case.

"We don't choose (which judge we want). What we are looking for is justice," said secretary Lucky Zibi.

A decision had not been made as to whether money collected for the Friends of Jacob Zuma Trust Fund would go towards legal fees in the rape case.

Zibi yesterday defended the controversial Umshini wami song that Zuma sang at every court appearance, saying that it was an old struggle song calling for someone to bring a machine gun.

"The song is not new, and people in South Africa know the song very well.

"We get shocked if people pretend they don't know the song.

"We used to attend many rallies where it was sung. Msholozi (Zuma's clan name) himself sang it when he was involved in the struggle."

He said that allegations of intimidation against the rape victim, as well as claims that stones were thrown at a woman protester thought to be the victim, were "blue lies".

Zibi and the fund's acting chairperson, Zobaphi Sithole, said they expected 5 000 people to picket outside the court.

Supporters were urged to buy T-shirts and bumper stickers, to be sold before the hearing starts.

Proceeds would go towards the fund's coffers.

With acknowledgement to the Cape Argus.