Publication: Beeld
Issued:
Date: 2006-02-11
Reporter: Adriaan Basson
Reporter: Katrien Smit
Reporter:
| Publication |
Beeld
|
| Date |
2006-02-11 |
|
Reporter
|
Adriaan Basson,
Katrien Smit |
|
Web Link
|
www.news24.co.za
|
The same judge
who authorised the search warrants for the Scorpions’ controversial raids on
Jacob Zuma’s premises will determine whether the former deputy president is
guilty of rape.
The announcement that Judge President of the Transvaal
Bernard Ngoepe will be the presiding judge sent shockwaves through the Zuma camp
and there is even speculation that the defence will apply for the judge to
recuse himself from the case because of his role in the corruption investigation
against Zuma.
The rape trial begins on Monday in the Johannesburg High
Court.
There were rumours throughout this week that Judge Phineas
Mojapelo would hear the case, but Mojapelo informed the court yesterday that
Ngoepe will handle the matter.
Michael Hulley, Zuma’s lawyer, was “very
surprised” to hear that Ngoepe has been chosen.
“We may have something
to say about this,” was all he would say.
The legal community speculated
yesterday about the possibility of a defence application to have Ngoepe recuse
himself because he may be biased against Zuma. A legal observer warned, however,
that it would be difficult to persuade Ngoepe of
this.
Ngoepe is currently under attack in court where it is being argued
that he was wrong to approve the warrants to search 22 premises in August last
year to search for evidence against Zuma.
Zuma and Hulley asked the
Durban High Court this week to declare the warrants invalid and to order the
return of everything that was taken.
Julie Mahomed, one of Zuma’s
lawyers, whose house and office were also searched, was the first to succeed in
applying to have her possessions returned.
Judge Ismail Hussain found at
the time that Ngoepe was misled by the Scorpions in their application for a
warrant and he was wrong to have approved it.
Since then, several Zuma
supporters have contested the legality of the warrants.
Professor
Marinus Wiechers, formerly a senior law lecturer at Unisa, said there is nothing
unusual about the judge president handling the case himself. There is even an
expectation that the Judge President of Natal, Vuka Tshabalala, will take on the
Zuma corruption trial.
Wiechers suspects that Ngoepe chose to take on
the case himself.
He said he expects the Zuma team will argue that
Ngoepe’s role in the warrants is proof of prejudice against Zuma, but he doesn’t
think the argument will hold water.
“A judge carries out many duties. If
he has previously been involved in a case it does not follow
that he will be prejudiced. I don’t think there is any relation between the fact that he signed the warrants and the
rape case,” he said.
He would not say more about Monday’s case,
but did comment that at this stage it looks like a very hot
potato.
Zuma is accused of raping a family friend.
He has
not yet pleaded to the charge, and is out on R20 000 bail.
He is accused
of raping a 31-year-old HIV-positive woman who is a well-known Aids activist.
The court will hear that on November 2 last year the woman visited Zuma
at his Forest Town home in Johannesburg at his invitation.
During the
course of the evening, he invited her to stay over for the night and showed her
where she could sleep. Later that evening the woman went to bed.
According to the indictment, Zuma entered the woman’s room while she was
sleeping and offered her a massage. She declined the massage, he removed the
duvet covering her and allegedly raped her.
Zuma has denied guilt.
After his first court appearance in December he issued a statement
reading: “I am innocent of these charges”.
Zuma’s supporters and women’s
rights activists will hold protests outside the court.
The road outside
the court will be closed, as pickets have been organised by People Opposing
Women Abuse and the Friends of Jacob Zuma Trust Fund.
Members of the
city’s metro police and the SA Police Service will be deployed to maintain tight
security.
With acknowledgements to Adriaan Basson,
Katrien Smit and
Beeld.