Zuma Guards Testify for State [Sunday Times, 2006-02-12]

Publication: Sunday Times Issued: Date: 2006-02-12 Reporter: Dumisane Lubisi Reporter: Wisani wa ka Ngobeni Reporter: Dominic Mahlangu

Zuma Guards Testify for State

Publication	Sunday Times
Date	2006-02-12
Reporter	Dumisane Lubisi Wisani wa ka Ngobeni Dominic Mahlangu
Web Link	www.sundaytimes.co.za

VIP cops who protected former deputy president will tell what they saw on night of alleged rape

Bodyguards of former Deputy President Jacob Zuma will testify for the state in his rape trial starting tomorrow.

The guards, who are among 28 witnesses called by the prosecution, were assigned to Zuma by the South African Police Service VIP Protection Unit and were present on the day the alleged rape occurred.

Constables Sizeka Nkuna, Thulane Thulo and Emmanuel Koananane were among the first people to be approached by investigators after the rape complaint was made to the police. They have made sworn statements to the police about the alleged incident.

After initially wanting to call 23 witnesses, the National Prosecution Authority added five more people to its list as it sought to solidify its case. The 28 witnesses include a Cabinet minister, forensic experts, doctors, police detectives and a clinical psychologist. They also include family members and friends of the 31-year-old HIV/Aids activist who is accusing Zuma of rape.

Zuma, who was charged on December 6, has denied raping the woman at his Johannesburg home the previous month.

The rape charge forced Zuma to suspend his participation in the ANC leadership.

Transvaal Judge President Bernard Ngoepe will preside over the trial in the Johannesburg High Court.

Judge Ngoepe last year issued the search warrants used by the Scorpions to raid the offices of Zuma’s Johannesburg attorney, Juleka Mohamed, and his attorney in Durban, Michael Hulley, the Pretoria offices of the French arms dealer Thint and the home of its chief executive, Pierre Moynot.

Zuma supporters are unhappy about Judge Ngoepe’s presiding over the case and there are indications that they might seek his recusal.

Thousands of Zuma supporters and protesters are expected to gather outside the court and all surrounding streets will be closed.

The National Prosecuting Authority has assigned three of its most senior prosecutors to handle the rape trial. Johannesburg Director of Public Prosecutions Charin de Beer will lead the prosecution, assisted by senior counsel Herman Broodryk and advocate Mutuwa Neghovhela.

The prosecution’s amended witness list includes Pretoria clinical psychologist Kevin Fourie and Hester Gouws, a senior superintendent at the police’s Forensic Science Laboratory.

Other witnesses to take the stand for the state are the complainant’s mother, friends and doctors who treated her after the alleged rape.

Minister of Intelligence Ronnie Kasrils and KwaZulu-Natal MEC for Economic Development Zweli Mkhize are the only politicians set to testify.

The woman is believed to have told Kasrils of her alleged ordeal at Zuma’s home.

Mkhize, who is Zuma’s close ally *1, visited the family of the alleged victim after the first reports of the rape appeared in the media.

He has denied that he paid the visit on behalf of Zuma, saying he went there to offer his support as a family friend. Zuma is also a friend of the woman’s family.

Although the defence has played its cards close to its chest, it is understood that it is preparing to challenge the credibility of the complainant. There has been speculation that another senior Cabinet minister may be called as a defence witness.

Hulley, Zuma’s lawyer, was unwilling to discuss the matter.

“I wouldn’t want to give any insight into that as the matter is of a sensitive nature,” Hulley said.

The state alleges that on November 2, and following an invitation by Zuma, the complainant went to visit him at his residence in Forest Town.

During the evening, Zuma allegedly invited her to stay the night and showed her a room in which she could sleep. It is alleged that while the complainant was sleeping, Zuma came to her room and offered her a massage. The woman declined.

Zuma then allegedly removed the duvet that covered her and proceeded to have sexual intercourse with her against her will.

Shortly after he was charged with rape, the ANC said it viewed the allegation in a serious light as it “goes to the heart of the kind of society that we have struggled for many decades to build. The ANC reiterates its resolute determination to end gender-based violence in all its forms and manifestations.”

Zuma’s most vocal supporters, the ANC Youth League and Cosatu, say they will continue to back him.

Zuma will in June *2 face charges in the Durban High Court related to his “generally corrupt relationship” with Durban businessman Schabir Shaik, who has been convicted of fraud.

Additional reporting by Paddy Harper

With acknowledgements to Dumisane Lubisi, Wisani wa ka Ngobeni, Dominic Mahlangu and Sunday Times.

*1 Potentially a hostile witness.

*2 Actually the trial starts on 31 July 2006.