Publication: Cape Times Issued: Date: 2005-08-25 Reporter: Duncan Guy

Raid on Lawyers' Offices 'Didn't Breach Privilege'

 

Publication 

Cape Times

Date

2005-08-25

Reporter

Duncan Guy

Web Link

www.capetimes.co.za

 

Last week's Scorpions raids on the offices of Jacob Zuma's attorneys did not violate attorney-client privilege, the head of the National Prosecuting Authority (NPA), Vusi Pikoli, said yesterday.

Attorney-client privilege applies only to confidential communication between attorneys and their clients for the purpose of litigation, or for obtaining advice, he said.

"I must stress that where the privilege applies it is not an absolute one," Pikoli told reporters yesterday.

He was reacting to criticism of last week's raids on properties belonging to former deputy president Jacob Zuma, offices of his personal lawyer, Julie Mahomed, and his attorney, Michael Hulley.

The home of his former financial adviser, Schabir Shaik, was also raided.

"In this matter, the evidence sought was in relation to business affairs and transactions in which the attorneys were involved, and where the privilege clearly does not apply," he said.

"In any event one of the attorneys had already appeared in court as a witness in relation to some of the documents sought, and her client had therefore waived privilege regarding those documents."

Pikoli further dismissed suggestions that the NPA had a political motive in bringing the case against Zuma.

Commenting on the Scorpions' heavily-armed "Hollywood-style" entering of Zuma's premises, Pikoli said this was a normal operational requirement.

Such searches needed to be carried out "without interference".

He said extraordinary measures had been taken to ensure the searches were carried out in a dignified manner.

"These measures were relatively successful in that the media arrived at the Johannesburg home of former deputy president Jacob Zuma more than two hours after the arrival of the Directorate of Special Operations (Scorpions)."

Pikoli stressed that neither the NPA nor the Scorpions had tipped off any media about the searches.

Pikoli said the purpose of the raid was definitely not to embarrass or humiliate Zuma.

With acknowledgements to Duncan Guy and Cape Times.