Zuma tells his side of the story

Johannesburg: Former deputy president Jacob Zuma does not think he placed his rape accuser or himself at risk of HIV/Aids or any other sexually transmitted disease by not using a condom, the high court here has been told.

Zuma told his side of the story yesterday in an account at his rape trial that included baby oil, endearments and talk of marriage. He spent the morning explaining that he and the 31-year-old woman had sex after he massaged her. They had discussed the use of a condom, but neither of them had one and they went ahead anyway, he said.

Answering questions put to him by his counsel, Kemp J Kemp, Zuma said that after being appointed deputy president of the country, he was made chairman of the Aids Council.

He was expected to have a better knowledge of the disease and the council took steps to inform the public of precautionary measures, "particularly because there were debates about this issue".

Zuma said "even government itself, ministers and deputy ministers, were all expected to teach this gospel".

Asked if he knew the risks associated with a man's having sex with an HIV-positive woman, Zuma said: "I had knowledge as a layperson that chances were very slim that you could get the disease just because you had intercourse with a woman."

Kemp asked Zuma if he knew the risk was different for a woman having sex with an HIV-positive man. He said he did.

Without directly asking him about his HIV status, Kemp asked Zuma if he thought the woman had been at any risk having sex with him.

"No, she was not at risk."

Zuma said the woman was at his home on the night of November 2 last year because of a family crisis involving a child being bitten by a snake in Swaziland. During the visit, she had said she wanted to talk to him about something and he must even wake her up if necessary.

When he went to the room he found her asleep, sucking her thumb. He awakened her and told her to go to his bedroom where they would discuss the matter. Once there she sat on the bed because there was no chair, while he leaned against a pillow on the other side of the bed.

They spoke about the family crisis and she complained of getting cold and asked if she could get under the duvet. He said she could. He realised the discussion was going to take some time.

"I was on the bed leaning on the pillow. I then said to myself, she has come to the study (earlier) with only a kanga and she comes to my room with a kanga. And she has got under the duvet and maybe she won't have any problem if I take off my clothing," Zuma said.

"I got up, took off my clothes and put on my pyjamas with short pants. I got under the bedding. I got the impression she would not have any problem if I took off my clothes and I suspected this must be something ... this is an indication, because I would have expected her to object to my taking off clothes in her presence and she didn't say anything."

While he was under the blanket waiting for her to tell him what she had to discuss, she complained her body was sore and asked for a massage. He fetched baby oil from the bathroom.

When he returned she was lying on her stomach. He began massaging her shoulders and she loosened her kanga so he could get to her shoulders. He removed the kanga towards her rear and saw she was not wearing panties. "So I got it into me that she was after something."

She asked him to massage her legs and her front. "Once I had finished, she said 'Thank you'," said Zuma.

He took the baby oil back to the bathroom and washed his hands. When he returned she was under the duvet. He climbed under the duvet and noticed she was not wearing her kanga. She put her arm over him.

"I touched her as well. She also responded, my lord. I then realised, well, this is the situation. There is nothing more. I got up and took off my pyjamas. When I came back I got under the duvet and she covered me with her arm and leg."

They touched and kissed and he asked her if she had a condom, Zuma said.

"She said 'no' and I didn't either. I hesitated a bit because I knew if things were like this what would happen. I also thought very quickly what the result would be. She said, 'You can't just leave a woman if she is ready.'

And I said to myself that I knew, as we grew up in the Zulu culture, you don't just leave a woman in that situation, because if you do then she will even have you arrested and say you are a rapist."

They then had intercourse.

"I said, 'You are delicious, you are a real woman' ... she laughed. I remember asking her, 'How do you feel?' She said, 'Fine, very fine'." Zuma also asked her if he could ejaculate inside her. She did not reply, but smiled. Some women would answer, others not, he said.

Zuma ejaculated inside her and afterwards went to shower. He returned to find her gone. She was in the guest room.

"I asked her how was it. She said, 'No, fine'."

They discussed transport arrangements and she said she would leave about 7am for nearby Jan Smuts Avenue, where she would catch a taxi. They kissed and said goodbye.

Zuma told the court his accuser was an assertive and independent woman. If she did not like something, she would say so.

Asked if he knew whether she could put up a strong physical resistance, Zuma said: "If she did not want it, she would easily push me away. I know her."

At a meeting later with two women his accuser referred to as "aunts", he was asked if he was willing to begin lobola negotiations, Zuma said.

They told him it looked like a "love relationship" and said: "You'd better marry her."

The lobola issue was discussed at length.

Explaining why he had not mentioned sex in his statement to police, Zuma said his lawyer, Michael Hulley, had instructed him to leave it out.

He denied an exchange with police in which he is alleged to have pointed out the guest room as the "scene of the crime".

With acknowledgement to  Jenni Evans, Amy Musgrave, Sapa and Cape Times.