Publication: The Star
Issued:
Date: 2006-03-30
Reporter: Editor
The
Jacob Zuma rape trial has been a rolling story of drama within and beyond Court
4E of the Johannesburg High Court. Monday's abortive intervention by the
Tshwaranang legal advocacy centre, the Centre for the Study of Violence and
Reconciliation and the Centre for Applied Legal Studies was yet
another.
The group, comprising legal research and gender activist bodies,
sought to be allowed to enter the trial on the complainant's behalf, effectively
because of a fear that Zuma had been granted an unfair advantage by the court's
decision to allow the defence to interrogate the complainant's sexual
history.
Both the defence and prosecution opposed the application, with
lead prosecutor Charin de Beer describing the group's intervention as bordering
on contempt and in serious peril of denying Zuma his right to a fair
trial.
Her response was timely and telling.
Much has been written
about this case, which is as it should be, but we must always beware of
inadvertently scandalising the court and trampling upon the basic tenets of our
constitution with the best intentions.
Every South African has the right
to a fair trial. This means a person is considered innocent until proven guilty
by an impartial judge. Nothing may be allowed to detract or influence this
process. The sub judice rule was intended to prevent the media from erroneously
influencing lay members of a jury as well as to prevent a duplicate trial by
media.
This is the inherent danger in a high-profile criminal case such
as Zuma's rape trial. Zuma, whether you agree with him or not, is entitled to a
fair trial. He is innocent until proven guilty.
Notwithstanding the daily
ebb and flow of a well contested criminal trial by counsel, none of us has any
right to intervene in the process or comment on the merits of the matter until
those merits have been properly adjudicated by an independent judge.
No
point is served whatsoever, however well meant, by attempting to intervene or
pander to popular sentiment.
The law must take its course and in that
way, and that way only, the interests of us all will be served.
With acknowledgements to the Editor and The Star.