Publication: The Mercury
Issued:
Date: 2005-10-12
Reporter: Jeremy Gordin
Reporter:
Reporter:
| Publication |
The Mercury
|
| Date |
2005-10-12 |
|
Reporter
|
Jeremy Gordin |
|
Web Link
|
www.thestar.co.za
|
State
lawyers see first day in court as a win-win outcome
The score is
Jacob Zuma 2, the state 0. This, at any rate, is the way the ANC deputy
president's defence team, led by Kessie Naidu SC, sees the outcome of the
proceedings in the Durban Magistrate's Court yesterday.
Zuma, who was
sacked as the country's deputy president, appeared for the second time in
connection with two corruption charges stemming from his relationship with his
convicted former financial adviser, Schabir Shaik.
Goal number one, albeit mainly a psychological one, was the
early concession by Regional Magistrate Bilkish Asmal that Zuma did not have to sit in the dock *1, as is normal practice, but could sit with his lawyers.
Goal number two was the agreement made by the
National Prosecuting Authority, represented by Billy Downer SC, and the defence
team, during the second recess of the morning, that the state would present the
defence with a provisional indictment by no later than
November 2.
It was also agreed by both parties that Zuma's next
court appearance would be Saturday November 12, when a trial date in the high
court would be set by agreement by both parties in consultation with the Judge
President of KwaZulu-Natal, Vuka Tshabalala.
The National Prosecuting
Authority does not obviously see things this
way.
"We see this morning's agreement as a win-win situation," said
National Prosecuting Authority spokesman Makhosini Nkosi.
"There were
two sets of interests at work.
We wanted a postponement, so as to make
further investigations, and the defence wanted an indictment. We have worked out
a mutually beneficial compromise. After all, the deputy president is entitled to
a speedy and fair trial," Nkosi said.
The agreement was reached after a
number of exchanges between Naidu and Downer. The National Prosecuting Authority
had come to court to seek an adjournment to the high court in March.
But
it became rapidly apparent during the exchanges that Naidu - leading a team of
four senior counsel including himself, three junior counsel and attorney
*3 Michael Hulley - was intending to go for broke.
"Usually
adjournments are reached by mutual agreement between the parties," Downer told
the court, "but in this case there seem to be no areas of agreement."
Naidu argued relentlessly, sometimes sarcastically, sometimes smooth as silk and sometimes
apparently very angry, that it was legally
impermissible to adjourn proceedings to the high court without serving an
indictment on the accused.
At one point Naidu said to Asmal: "You are
independent of the National Prosecuting Authority. But the National Prosecuting
Authority is not treating this court that way. They are assuming that because
they want an adjournment to the high court, that you will simply agree to do so.
But that is impermissible legally.
"Mr Zuma cannot come before the high
court before an indictment is served. It is as simple as that. If not, we want our bail back and we want to go home *4," Naidu
said.
It was apparently Naidu's insistence on the basic tenets of the
Criminal Procedure Act that resulted in the parties reaching an agreement
without Asmal having to make a decision.
During the two recesses, while
the crowd outside was growing restless in the searing heat and President Thabo
Mbeki's face was being burnt in effigy, the inside of the courtroom resembled an
ANC cocktail party.
Some of those in the courtroom were Kgalema
Motlanthe, the ANC Secretary-General; Jeff Radebe, the Minister of Transport;
Smuts Ngonyama, the head of the presidency at the ANC; Zwelinzima Vavi, Cosatu
Secretary-General; Fikile Mbalula of the ANC Youth League; Sbu Ndebele, the
KwaZulu-Natal Premier; former ANC chief whip Tony Yengeni; and many other
political dignitaries.
Zuma greeted some of them warmly. For the rest of
the time, he sat quietly and, at one point, appeared to nod off for a second.
Outside, after the court adjourned, Blade Nzimande, General Secretary of
the South African Communist Party, told the crowd that Zuma had not grown up,
like others, with a shower, but as a young man had had to wash in the
river.
Nzimande also attacked the media, but did not specify which media
had been responsible for telling "lies".
Zuma, who told his supporters
he would reveal after his trial why he was really being charged, also criticised
the media, but also did not specify who had done him wrong.
With acknowledgements to Jeremy Gordin and The Mercury.
*1 Wow!
*2 Wow!
*3 Two
- Nil at about R500 000 legal bill - wow!.
*4 Of
course, of course.
It is quite clear that the legal team has seen the
merits on fighting this case on its technical opportunities.
It is not
quite so clear whether the legal team has seen the merits on fighting this case
on its evidentiary opportunities.