Zuma 'Will Not Bargain' [The Natal Witness, 2005-11-10]

Publication: The Natal Witness Issued: Date: 2005-11-10 Reporter: Sapa Reporter:

Zuma 'Will Not Bargain'

Publication	The Natal Witness
Date	2005-11-10
Reporter	Sapa
Web Link	www.witness.co.za

Plea bargain ruled out because he is innocent, says lawyer

Former deputy president Jacob Zuma would reject any plea bargain offered by the state in his corruption trial, his lawyer Michael Hulley said on Wednesday.

"The likelihood of a plea bargain being accepted is nil," Hulley told Sapa.

"Part of the process of plea bargaining involves the accused person acknowledging guilt - in essence a guilty plea.

"That has been consistently not Mr Zuma's version of what has taken place."

Hulley said no offer had been made to date, and there was no indication of one coming - except through the media.

Business Day newspaper reported on Wednesday that the Scorpions special investigating unit has signalled its preparedness to entertain a plea bargain with Zuma - possibly resulting in a non-custodial sentence *1.

Hulley said his instructions were that Zuma maintained his innocence. "We have no knowledge of the allegations, and dispute what the state is saying."

National Prosecuting Authority (NPA) spokesman Makhosini Nkosi said he was not aware of any intention by the state to initiate a plea bargain deal with Zuma.

"The issue of a plea bargain on the said matter has not arisen. Neither the NPA nor Mr Zuma and his legal representatives have made any offers of a possible plea bargain."

But the possibility could not be ruled out, Nkosi said.

For a plea bargain to be offered, a number of conditions have to be met, he explained. These include that the accused person has to plead guilty to the specified charges and that the investigating officer approves of the idea.

The interests of the community and the personal circumstances of the accused person are also taken into account, Nkosi said.

Asked if the required conditions could be met in Zuma's case, he said: "I cannot say that".

Were Zuma to plead guilty and receive a non-custodial sentence, this could theoretically pave the way for him to become the country's next president.

A person was not allowed to hold public office if sentenced to 12 months or more in jail without the option of a fine.

Were it to receive a proposal on a possible plea bargain, the NPA said in a statement, this would be considered "on its own merits and in accordance with the relevant policies and legislation".

With acknowledgements to Sapa and The Natal Witness.

*1 It cannot be acceptable when on the same facts and circumstances one partner in the crime (and crime it certainly is in that instance) gets a 15 year sentence while the other gets a non-custodial sentence.

To balance the equation according to the Principle of the Conservation of Justice, then 15 jailyears worth of relevant information *2 has to be exchanged for 0 jailyears.

*2 This information could then lead to some more arrests and plea bargains and eventually to a Perpetual Justice Machine *3.

*3 Premised on the notion that the human inclination towards wrongdoing is infinite.