Publication: The Star Issued: Date: 2008-01-03 Reporter: Solly Maphumulo Reporter: Alex Eliseev

Zuma and Team in No Hurry for Speedy Trial

 

Publication 

The Star
Date

2008-01-03
Reporter Solly Maphumulo
Alex Eliseev

Web Link

www.thestar.co.za

 

Lawyers likely to try have case thrown out on technicalities

Jacob Zuma's legal team is almost certain to be in the dock when the battle to choose South Africa's next president hots up towards the end of the year.

In an interview with Talk Radio 702 today, his attorney Michael Hulley indicated Zuma was unlikely to take up a National Prosecuting Authority offer that it was ready to start the trial at any time before its provisional date in August.

Hulley also said Zuma had not yet responded to the indictment lodged in the Pietermaritzburg High Court on Friday.

Zuma had also made an application to the Constitutional Court to set aside the decision of the Supreme Court of Appeal making the search and seizures of his home and his lawyers' premises in 2005 legal. A decision was still awaited here, Hulley said.

"So things are a bit up in the air as far as that is concerned," Hulley said.

When asked if he anticipated that the trial could start sooner than August, Hulley replied: "I don't anticipate that at all ... I don't think that there is any likelihood that it will be sooner than the date that the NPA has proposed.

Hulley added: "I am not sure that (getting) it (the trial) out of the way can be a matter of convenience. The fact of the matter is these are very serious charges. If someone were to be found guilty and sentenced they face a very lengthy term of jail time."

Yesterday the NPA said that Zuma could have his day in court the moment he and his legal team were ready.

In a statement designed to "explain the true facts and place matters in the proper context", the NPA threw down this challenge, saying it was ready to proceed with the trial of the newly elected ANC president.

This comes amid a storm of reaction to the fresh charges against Zuma, which include fraud, corruption, racketeering, money laundering and tax evasion allegedly committed over a decade.

Zuma's supporters are adamant his prosecution is a plot to quash his presidential ambitions and argue that the delays have robbed him of his right to a fair trial.

There is also anger at the timing of the new charges - on December 28 - and the NPA's methods of communicating its decisions with the media.

In the statement, the NPA declares that: "The prosecution is ready to proceed on the earliest date on which the court may be able to accommodate this case, should the defence so wish. Any delays in the commencement of the trial are accordingly entirely in the hands of the defendant parties and their legal teams".

In other words, the NPA has set out to silence the critics and leave the legal ball firmly in Zuma's court.

The advantage of speeding up the trial would be to ensure that whatever the verdict is - guilty or not guilty - Zuma's legal woes will be over by the time the country steps up to elect a new president in 2009.

But so far there is no indication that Zuma is in a hurry to step into the dock.

He has tasked his defence team to drown the matter in legal battles and challenge the state on its evidence at every turn.

His battles to suppress evidence have seen him fight all the way to the Constitutional Court.

The trial is currently set down for August 14 *1 but it is expected there will be further delays.

Zuma's defence is likely to move towards having the case thrown out on technicalities.

While his supporters charge that the prosecution is a political conspiracy, the NPA denies this.

"The decision has been made by the NPA and the NPA alone.

"Our only allegiance is to the constitution of the country ... we are obliged to carry out this mandate, however unpopular it might be."

The NPA also explained that the charges stem from evidence collected before the trial of Zuma's financial adviser Schabir Shaik, during the trial and in the months after Shaik's conviction.

"The charge sheet speaks for itself..."

The NPA statement finally challenged Zuma to take it on if he felt his prosecution had been unfair and asked the public to remain calm as the process continued.

"We appeal for calm heads and cool tempers ... The eyes of the country and the world will be on us *2. It is incumbent upon us all to demonstrate that we live in a mature democracy *."

With acknowledgements to Solly Maphumulo, Alex Eliseev and The Star.



*1      Strange - the  R193 - J172 Form "Warrant to Summon Accused and Serve Notice of Trial in the High Court of South Africa says "4 August -  12  December 2008".

4 August 2008 is a Monday, 14 August 2008 is a Thursday - which is it?


*2      They are already upon us - seeing whether this trial takes us the same way as that other bastion of African democracy, Kenya and that other bastion of African tyranny, Zimbabwe.


*3      We live in a mature democracy?

While Accused 1's supporters are warning the NPA and The People that there is going to be "blood in the courtroom", "South Africa will be plunged into chaos" and that "there will be blood-letting".

This time I think that the South African Police Service will need support from the South African National Defence Force in assisting it in keeping the peace.

Let's hope the SANDF can find a few troops under the age of 40 and not dying of AIDS to do the job.

May the 4th generation Gripen jet fighters and Type 209 coastal attack submarines also rise to the occasion.