Case postponed as bench remains empty

Just which judge will hear the rape case against former deputy president Jacob Zuma remains a mystery.

But one thing is certain: it will not be Transvaal Deputy Judge President Jeremiah Shongwe.

After more than an hour's wait for the 63-year-old Zuma's trial to begin this morning with an expected application for Judge Shongwe's recusal, Johannesburg High Court Judge Ezra Goldstein appeared in court 4E to postpone it to March 6.

So far, no official reason has been given for why Mr Justice Shongwe did not appear this morning as Judge President Bernard Ngoepe, who stepped down yesterday, said he would.

Zuma's defence team yesterday indicated that should Judge Shongwe appear this morning, they would seek a recusal. They confirmed this strategy again this morning.

It has also emerged that the State would not have opposed a request by Zuma's defence for a postponement to allow his lawyers to consider evidence provided to them by the State only last week.

A beaming Zuma chatted and joked with prosecuting authority staff and back-slapped his lawyer, Michael Hulley, as he waited to hear whether Judge Shongwe would try him for rape.

Zuma stands accused of raping a family friend at his Johannesburg home last November. He has not pleaded in court but has strongly denied the charge in public.

Wearing a grey suit and red striped tie, he made a quiet entrance into the court just before 10am today and again greeted his dozens of supporters with a traditional cupped-hands greeting.

Unlike yesterday, when Zuma supporters welcomed him with a shout, they stood in silence to greet him.

Zuma immediately sat down next to Hulley and began an earnest discussion, frequently gesturing with his hands and reading from documents.

Shortly afterwards, his advocate, Kemp J Kemp, emerged from a meeting in chambers and briefed Zuma. What was said is not known.

As he exited the court, Zuma appeared relaxed and spread his arms out wide.

Earlier, hundreds of his supporters sang and paraded with placards outside court asserting their backing.

"Nelson Mandela, tell Mbeki to release Zuma so that he can rule the country," they sang as Zuma made his second appearance in court.

Some posters read: "(Bulelani) Ngcuka and friends are saying Zuma is a Zulu boy. Have you forgotten that Chief Albert Luthuli was also a Zulu boy?"

Others read: "Hamba (leave) Mbeki, hamba" and "Why did mister Ngcuka call the media to the off-the-record briefing? The purpose was to gossip and assassinate the character of our leader (Zuma)". Another poster read: "SAPS prepare for civil war".

About 100 bystanders watched the protest.

Zuma arrived at the court in a four-vehicle convoy and was immediately whisked inside.

There was no sign this morning of any anti-rape protesters. A small but vocal group protested against sexual violence and in support of the complainant yesterday.

They were completely overshadowed in the area set aside for street theatre by more than a thousand pro-Zuma protesters.

With acknowledgement to  Karyn Maughan and the Cape Argus.