Publication	Sapa BC-COURT-2ND-LD-RECUSE
Issued	Johannesburg
Date	2006-02-13
Reporter	Sapa

Transvaal Judge President Bernard Ngoepe demanded to know what corruption and rape had in common *1 as he heard an application for his own recusal from the rape trial of former deputy president Jacob Zuma on Monday.

"What is there in common between allegations of corruption and rape?" Ngoepe asked Zuma's counsel, Kemp Kemp (correct), in the Johannesburg High Court.

Kemp made the recusal application at the start of the trial, saying that the layman believed that Ngoepe had been swayed by statements presented to him in an application for Zuma's homes and his lawyer's offices to be searched last year.

The National Prosecuting Authority made the search applications ahead of Zuma's corruption trial in June this year. Ngoepe issued the warrants.

Kemp was concerned about the consequences for the duration of the trial and afterwards if Ngoepe remained the presiding officer.

Zuma sat quietly throughout the exchange, at times heated, at times light, with a notepad in front of him. He was no longer sitting in the dock, but at a table behind his legal team.

Herman Broodryk, a member of the prosecution team, said Ngoepe had not made a credibility finding about Zuma when he granted the search warrants.

"The accused's fears are not reasonably founded, therefore we do not support the application," he said.

Zuma's legal team has indicated that a second application for an adjournment would also be brought.

Ngoepe said he would only hear the second application once he had decided on the recusal.

Before the State replied to Kemp's application, Ngoepe leaned forward and said: "Judges should not recuse themselves easily because an impression should not be given to the public that litigants can pick and chose judges."

The woman who accused Zuma of rape arrived at 7am, but, although she was said to be in the court building, was not in the court room when the proceedings started.

---

*1  Both are wrongdoings of both a criminal and civil nature.

Mr J.G. Zuma has been accused by The State of both on the criminal aspect.

Other than that - nothing, I would respectfully submit.

*2  A most unfortunate choice of words, seeing that Adv Kemp J. Kemp SC had just submitted that it was his client that was concerned.