Publication: Mail and Guardian Issued: Date: 2006-02-17 Reporter: Fikile-Ntsikelelo Moya Reporter:

Smokin’ Jake’s Fans Claim Weigh-in Win

 

Publication 

Mail and Guardian
Date

2006-02-17

Reporter

 Fikile-Ntsikelelo Moya

Web Link

www.mg.co.za

 

In boxing, they have a name for colossal non-events such as the one at the Johannesburg High Court this week ­ a technical draw, writes Fikile-Ntsikelelo Moya.

The champion leaves the ring with the belt around his waist, without subduing his opponent.

If the Johannesburg High Court had been Madison Square Garden, the bout between political heavyweight Jacob Zuma and a prosecution that accuses him of raping a 31-year-old family friend would have been given the bird.

Zuma, the Nkandla Bruiser whose crowd of supporters seemed to hail overwhelmingly from KwaZulu-Natal, took the first three rounds of the scheduled 15. But it was a hollow victory, and one that left the distinct impression that he is ducking the contest ­ perhaps in order to strengthen himself outside the ring.

The real damage may have been inflicted elsewhere ­ to the credibility of the fight game as a whole.

The case was originally set down for three weeks of five days each. But Zuma and his corner wanted a different judge and a different day in court.

First, he got the Judge President of the division, Bernard Ngoepe, to recuse himself for reasons the judge himself said were based not on law, but on the accused’s political status.

The judge said, in effect, that legal reasoning would be lost on Zuma and his supporters. He would step aside so that they would believe justice had not only be done, but manifestly seen to be done.

The judge’s decision is likely to have the reverse effect of suggesting that the judiciary is not immune from political pressures.

In round two, Zuma’s team was adamant that the trial could not go ahead on the days set down because the state had presented new evidence they needed time to study. According to Zuma’s lawyer, Michael Hulley, this included a psychologist’s report on the rape complainant’s state of mind.

And in round three, the defence team privately persuaded Judge Ngoepe that the next in line to try the case, Transvaal Deputy Judge President Jeremiah Shongwe, was unsuitable because he might be influenced by his relationship with Zuma in exile in Swaziland. Specifically, Zuma had had a child by Shongwe’s sister, Minah.

Again, questions have been asked about the propriety of discussions in chambers between the Judge President and the defence team of an accused.

On the streets of Johannesburg, the Bruiser told supporters the postponement gave him and other ANC supporters time to campaign for the party in the March 1 local elections. His main supporter, ANC Youth League president Fikile Mbalula, managed to make it all sound like a struggle of principle. “We don’t want anything swept under the carpet. We want a free and fair trial, as we would for any South African.”

Zuma and Mbalula gave the impression of having floored their opponents. But the real opponent, the 31-year-old rape complainant, has only been seen around the arena, not inside it ­ let alone in the ring.

The bobbing and weaving has begun. The muscles have been flexed. But the real fight starts on March 6.

With acknowledgements to Fikile-Ntsikelelo Moya and the Mail & Guardian.