Publication: Sapa Issued: Johannesburg Date: 2006-02-13 Reporter: Amy Musgrave Reporter: Reporter:

Ngoepe Recuses Himself from Zuma Trial

 

Publication 

Sapa
BC-COURT-ZUMA-2ND-LD-RECUSE

Issued

Johannesburg
Date 2006-02-13

Reporter

 Amy Musgrave

 

Transvaal judge president Bernard Ngoepe has recused himself from the rape trial of ANC deputy president Jacob Zuma.

He told the Johannesburg High Court he was stepping aside -- but not for the reasons put forward by Zuma's defence.

"The protection of the credibility of the judiciary should weigh with me heavily (when making the decision to step aside)," the judge said.

He said the trial had not yet started and he was therefore not "seized in the matter". If he had to step aside, now was the time to do so.

Zuma's legal team brought an application for Ngoepe to recuse himself from the rape trial based on Ngoepe's involvement in granting search warrants related to Zuma's separate corruption trial to be heard in Durban in June.

Ngoepe said he and his two deputy judge presidents had decided he should preside as this was a high profile trial "and not a pleasant matter".

He also ruled it would not be appropriate for him to hear an application for adjournment by the defence.

That will now be heard on Tuesday, by another judge.

Ngoepe said it was logical that the trial now be heard by one of his two deputy judge presidents, in order of seniority *1.

He said Justice Phineas Mojapelo, the head of the Johannesburg Court, was not available to hear the case for personal reasons.

He was not sure if Judge Jerry Shongwe, who heads the Pretoria High Court, would be available.

Zuma's attorney, Michael Hulley, told reporters outside the court that the prosecution and defence would meet Ngoepe later in the day to hear who would hear the application to adjourn the trial for two weeks.

He said the adjournment was necessary due to the late provision of documents by the State.

"As you saw I only got some of the documents this morning," he said.

He added the documents related to telephone entries and a psychologist's report.

They welcomed Ngoepe's decision to recuse himself, saying it was well founded.

Hulley said that in calling for the recusal, they did not mean to impugn Ngoepe's reputation.

With acknowledgements to Amy Musgrave and Sapa.


*1  Roll out Mr Justice Willie Hartzenberg.