Publication: Cape Times Issued: Date: 2008-03-14 Reporter: Karyn Maughan Reporter: Tania Broughton

Zuma 'Protecting Rights, Not Trying to Quash Evidence'

 

Publication 

Cape Times
Date

2008-03-13
Reporter Karyn Maughan
Tania Broughton

Web Link

 www.capetimes.co.za



Johannesburg: Jacob Zuma's advocate has hotly denied the ANC president was trying to neutralise evidence of corruption against him. *1

Kemp J Kemp, SC, yesterday told the Constitutional Court that Zuma's bid to challenge warrants used to raid homes and offices belonging to him, his attorneys and French arms company Thint was really about fighting against the constitutional violations he had suffered at the state's hands.

According to Kemp, Zuma's legal team were concerned that should the state's "unlawful' raids not be reined in by the court his attorney and defence witnesses would also be vulnerable to search and seizure operations. *2

"It may affect the way we prepare for trial ... we may well tell Mr Zuma to prepare without notes," he said.

In addition to disputing the state's claims that the documents seized by the Scorpions during the controversial August 2005 raids were incriminating, Kemp denied Zuma's purpose in challenging the state over the warrants amounted to a delaying tactic.

"If we had wanted to do that, we would not have brought this application. We would have sprung this on them the first day of trial.

Do you have any idea what delays that would have caused, especially if we had won the point and the state had had to go on appeal?

All we want to know is what documents we are facing at trial *3," he said.

Pointing out Zuma had been charged with corruption in June 2005 and the raids were carried out in August, Kemp stated Zuma "had two months to burn things if he wanted to".

To destroy or hide evidence in such a way would have done "inestimable harm" to Zuma's case, Kemp said.

"Accusations are being levelled against us about why we did things without any consideration for the practicalities," he added.

Kemp said he would "not take issue" with the court if it issued an order preserving the disputed documents until their admissibility was decided by the court that eventually tried Zuma.

"We will fight our remaining battles at the trial court," he said.

Peter Hodes, for Thint, also denied the company was attempting to stymie justice *4, saying it was simply trying to exercise its fundamental rights.

"I don't concede it, but the argument is that my client would like to see no prosecution. Well, what's wrong with that if he can legitimately do it by contending that his rights have been violated," he said.

Zuma and Thint CEO Pierre Moynot sat side by side during the hearing, each equipped with cushions they brought with them to court.

Earlier, Zuma sat stony-faced as state counsel Wim Trengove, SC, argued that an innocent person, accused of a crime, would be most anxious for evidence to be admitted to the trial court to establish the truth.

Challenging Zuma and Thint's complaints that the warrants used to raid them were 'bad" and should be set aside, Trengove contended that the court that tried them should decide on their claims.

He repeatedly urged the judges to put a stop to attempts to use pre-trial litigation as a means of quashing evidence against them.

Constitutional Court Judge President Pius Langa yesterday reserved judgment on Zuma and Thint's warrant challenge.

Late yesterday afternoon, Kemp launched Zuma and Thint's attempt to challenge the National Prosecuting Authority's right to request the originals of 13 documents, used to convict Zuma's former financial adviser, Schabir Shaik, of fraud and corruption, from Mauritian authorities.

This application continues today.

With acknowledgement to Karyn Maughan, Tania Broughton and Cape Times.


*1       Well, he must have fooled the whole world except for his legal team.


*2      The classic fallacial argument - the non sequitur - it simply does not follow.

The argument is not cogent for it is groundless.


*3      This is clear from the KPMG Forensic Report II dated circa September 2007.


*4      Well, knock me down with a feather.