Publication: Sapa Issued: Pietermaritzburg Date: 2006-07-31 Reporter: Sapa Reporter:

Zuma Saga to Continue in September

 

Publication 

Sapa
BC-COURT-N/L-ZUMA

Issued

Pietermaritzburg
Date 2006-07-31

Reporter

Sapa

 

Jacob Zuma's corruption trial, with all its political repercussions, was postponed until September 5 in the Pietermaritzburg High Court on Monday.

This would allow the State to work through four "voluminous" lever-arch files the defence filed on Monday in response to the State's request for a postponement.

In less than two hours Judge Herbert Msimang adjourned the trial to allow the defence and the State time to prepare replies and heads of argument.

Kemp J Kemp, representing Zuma, filed a counter application for a permanent stay of prosecution, or that the case be struck off the roll.

Kessie Naidu, for Zuma's co-accused, the French arms company Thint, also filed an application for a permanent stay of prosecution, due to the violation of his client's constitutional rights through "unreasonable delays".

After court adjourned, Cosatu general secretary Zwelinzima Vavi, a Zuma supporter, said: "It is regrettable that this cannot proceed, we cannot understand this diversion. They had six years of investigation... it's crazy."

National Prosecuting Authority (NPA) spokesman Makhosini Nkosi said: "It would obviously put more pressure on the prosecution team which already has a lot to deal with, but we understand and respect the judge's decision."

Zuma, who is deputy president of the ANC, faces two charges of corruption.

Thint is accused of having offered him a bribe of R500,000 a year in exchange for his silence during a probe into the country's multi-billion rand arms deal.

Msimang did not accept prosecutor Wim Trengove's assertion that the trial be postponed till September 11 because colleague Anton Steynberg and lead prosecutor Billy Downer would be overseas at a conference until September 8.

"This matter we all know has an influence on our society. You say it must be held over because somebody is attending a conference abroad?" he asked incredulously.

Msimang ruled that the State would have until August 14 to respond to the defence's application, and the defence should then file a response by August 21. The State would file its heads of argument by August 28 and the defence would file its heads of argument by August 31.

During proceedings Zuma sat alongside Pierre Moynot of Thint.

Zuma wore a turquoise-grey suit and looked relaxed, smiling and chatting to his lawyers.

When Zuma left the court he was flanked by Vavi, African National Congress general secretary Kgalema Motlanthe, KwaZulu-Natal premier S'bu Ndebele, former ANC chief whip Tony Yengeni and SA Communist Party president Blade Nzimande.

Outside the court, thousands of his supporters jumped up and down and sang. He was led to a seat in a tent erected in the middle of Church Street and, with his hands clasped, sat next to Ndebele. Taking the nearby stage, Vavi accused the NPA of collaborating with the media.

"The NPA mobilised the media against JZ (Zuma). They intensified a collaboration so that they could launch a media trial."

He said that when the NPA first laid charges it appeared that it had no evidence. He repeated Cosatu's view that there "may be" other people who acted corruptly in the arms deal and said the organisation would urge for a new investigation "to determine who were the real beneficiaries".

Vavi said: "We will be here on the fifth of September, in even bigger numbers."

Some Zuma supporters climbed trees for a better view, while a police helicopter circled overhead. Some had spent the night at a vigil for Zuma.

Nzimande joined Vavi's criticism of the media saying: "The media have taken a side.

"We are not going to allow the media to choose the president of this country," he said to roars of approval.

"These so-called analysts, there are hundreds of them being rolled out to insult Jacob Zuma... We are saying that must come to an end. We don't even have a single left wing newspaper in this country. The media are increasingly expressing the interests of the rich".

Zuma took to the stage surrounded by bodyguards, and thanked his supporters for their behaviour outside court. "... you know how this country should be governed. You know that other people's rights have to be protected. I have hopes that this country will be a better place because you stand for what you believe in."

Referring to his trial he said: "... there are matters that I cannot talk about. I have to be careful of what I say because I may be held in contempt of court."

Zuma said he was not happy about the way his case had been treated by the State.

"Those who were in charge [previously] said there is prima facie evidence against me and they cannot prosecute. Those who are in charge now say there is enough evidence to prosecute, but they say it's not strong enough *2."

He then sang his trademark song "Leth' umshini Wami", as the crowd and VIPs sang and danced. Amakhosi in traditional leopard skin also danced for the crowd.

Briefing the media, Motlanthe said that Zuma was supported by the entire ANC, and dismissed speculation that only a faction supported the deputy president.

"The ANC is united... All members of the ANC support Zuma in his hour of trials and tribulations.

"People feel he was treated unfairly. We would have been terribly worried if they felt that way and stayed away," he said.

Zuma's nephew Michael, reacting to the adjournment said: "I wasn't happy that they (the State) were looking to postpone it again for such a long time."

Police spokesman Superintendent Joshua Gwala said no incidents were reported during the rally outside the court. Classes at some colleges in central Pietermaritzburg were cancelled due to the trial. The streets were clogged with traffic as Zuma's supporters dispersed.

With acknowledgement to Sapa.


*1       Is this a straw man or what?

Surely the State is not saying that their case is not strong enough, only that the evidence needs to be properly prepared and presented and that this will take a further amount of time.

Indeed it is the defence's position to try to use a legal tactic of getting only the trial judge to make certain rulings regarding additional evidence, to either prevent this additional evidence of being used against them, or to create a delay which they then attribute to the State.