Publication: Mail and Guardian Issued: Date: 2006-09-07 Reporter: Giordano Stolley Reporter: Sibongakonke Shoba Reporter: Sapa

Zuma Case On Hold ... For Now

 

Publication 

Mail and Guardian
Date

2006-09-07

Reporter

 Giordano Stolley
Sibongakonke Shoba
Sapa

Web Link

www.mg.co.za

 

Emerging from the Pietermaritzburg High Court after three days of legal battle between the state and the defence, Zuma said: "This time we will hear from the real judge, not those people we meet on the streets who make decisions."

Cheers and shouts erupted from a 4 000-strong crowd as Jacob Zuma walked on to the stage in Freedom Square in front of the court.

"Akekho umongameli onjengawe" [There is no president like you], some of Zuma's supporters shouted at him.

The crowd spent the morning keeping up a routine of songs and marching. Zuma thanked African National Congress leaders who came to support him, but said there would always be (political) rivals and "people who checked who was attending".

He ended his speech with an extended version on his trademark song Leth' umshini wami. On this version, Zuma added "Mus'ukungi bambembezela" (Don't keep me waiting).

Before the adjournment, state prosecutor Billy Downer told the court the state was allowed to use documents seized from Jacob Zuma and his attorney in raids by the Scorpions in August last year.

Downer said the state's appeals against court orders forcing it to return documents seized from Zuma and his lawyer, Michael Hulley, meant that "operation and execution shall be suspended".

On Wednesday, the defence for Thint had argued that the state was in "double contempt" of court because a 500-page KPMG forensic report contained documents taken in the August 2005 raids.

When Downer attempted to refer to the "double contempt" accusations, Msimang interrupted him and said: "Perhaps yesterday [Wednesday] we were getting carried away. Let's leave that."

Downer admitted the state was "taking its chances" when the decision was made to prosecute Zuma. However, the state "always" took a chance with every case. If it did not, "there would be no court", Downer said.

"My lord, what the state cannot do is prosecute knowing that it does not have a reasonable chance of winning its cases." That would be "malicious prosecution".

Downer said there was "a reasonable expectation" of success that the appeals against the raids would go in favour of the state.

Replying to a question from Msimang, Downer said the investigation against Zuma and Thint would not continue indefinitely. The state had completed its investigation, he added.

He said that striking the case from the roll, a move the defence was hoping for, would not help the accused. They would simply be indicted again and the same arguments and questions would resurface.

He conceded that a statement in 2003 by former National Director of Public Prosecutions Bulelani Ngcuka had prejudiced Zuma socially, but said it did not make Zuma an accused.

Ngcuka said at the time there was prima facie evidence that Zuma was guilty, but that such a case was not winnable in a court.

Downer said the final amended indictment in the corruption and fraud case would be provided on October 15.

Kemp J Kemp, for Zuma, on Thursday conceded that the National Director of Public Prosecutions Vusi Pikoli did not act unconstitutionally when he decided to prosecute Zuma.

Kemp also conceded that the extension of the investigation into Zuma and Thint was lawful *1.

With acknowledgements to Giordano Stolley, Sibongakonke Shoba, Sapa and Mail and Guardian.


*1      Even if Thint was given a valid undertaking by the Two Donkeys not to prosecute it along with Shaik in that trial for its conduct relevant to the charges in that trial, then there would be nothing preventing Thint from being charged in respect of unlawful conduct obtained from a lawful extension of the investigation into Zuma and Thint.

Between Tuesday and Thursday the Defence will have noted some of the contents of the New KPMG Report and its seven boxes of annexures. These are clearly disturbing the Defence's composure, with rancid ad hominems now transmogrifying into meek concessions.

My inclination is that this space needs to be very carefully watched - roll on the 15th October 2006.

The New KPMG Report and its seven boxes of annexures are sure to be the read of the decade.

But there's still one huge question - why did Thomson-CSF need Zuma's protection?

No one, not from the investigating authorities or from the media, seems to want to go anywhere near that nest of vipers.

Zuma only got R4,3 million whereas Thyssen paid someone about DM40 million (about R150 million) for getting its share in the R4,3 billion corvette contract. It seems Ferrostaal paid even more for getting the R5,5 billion submarine contract and all the evidence shows that Thomson-CSF paid about R300 million for getting its share in the R2,6 billion corvette suite contract.