Publication: The Star Issued: Date: 2005-07-01 Reporter: Estelle Ellis Reporter: Reporter:

Those the Prosecution may Call to Testify



The Star




Estelle Ellis

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The list of state witnesses handed to the Zuma camp is a carbon copy of the list in the Schabir Shaik case.

Possible witnesses for the state include:

Members of the investigating team : Billy Downer SC, former Scorpions advocate Gerda Ferreira, Scorpions investigators Johan du Plooy and Isak du Plooy, and independent forensic auditor Johan van der Walt from KPMG.

Those named by Shaik as benefactors to Zuma : Mpumalanga businesswoman Norah Fakude, German businessman Jörgen Kogl, and Durban businessman Vivian Reddy.

Nelson Mandela's former attorney, Ismail Ayob, himself embroiled in a legal battle with Mandela, as well as Nelson Mandela Foundation CEO John Samuel. Their appearance on the list could relate to the R2-million that Mandela gave Zuma from his personal account.

Richard Young,*1 the businessman suing the government for R149-million after he lost out on the arms deal contract.

Abdool Quader-Mangerah, an ANC stalwart in KwaZulu Natal, gave evidence in the Shaik trial regarding a loan he made to Zuma, later repaid by Shaik.

The two secretaries whose evidence nailed Shaik: his secretary, Bianca Singh, and Sue Delique, secretary to former arms dealer Alain Thetard. Delique's evidence is vital to the state as she is the witness they are expected to use to introduce an encrypted fax, which it is alleged formalised a bribe agreement between Shaik, Zuma and Thetard for two yearly payments of R500 000 each.

Two key witnesses used to secure a conviction on the "generally corrupt relationship" charge in Shaik's case: David Wilson and professor John Lennon. Wilson refused to testify in the Shaik trial "on advice of the Malaysian government". Judge Hilary Squires found that an affidavit deposed by Wilson would serve as acceptable evidence of what happened. Lennon negotiated with Zuma on a proposed eco-tourism school for KwaZulu Natal. In a letter, Zuma proposed that Lennon use the services of Shaik in furthering his plans.

A controversial Zuma letter, advising Gavin Woods, former head of the standing committee on public accounts, that the former Heath Special Investigating Unit would be excluded from the probe into the arms deal, is clearly expected to come under scrutiny in the Zuma case. The advocates*2 who advised President Thabo Mbeki that the investigation would be a meritorious one are also on the provisional witness list, as is Heath*1, Woods and politician Patricia de Lille.

French arms company executive Pierre Moynot, described by Judge Squires as a man with "charming Gallic candour"*3. A number of present employees of Shaik's Nkobi group of companies, including financial director Colin Isaacs and former bookkeeper Celia Bester. Bester's evidence was one of the cornerstone pieces of testimony which convicted Shaik.

The man who built Zuma's traditional Nkandla residence, Eric Malengret. His testimony is likely to see a repeat of the phrase used by Shaik: "Does the deputy president think money grows on trees?" More witnesses are likely to be added and it is expected that the state will release its final witness list shortly before Zuma goes on trial.

Even then, given the sensitivity of the case, the public would know the identity of some witnesses only when they take the stand.

With acknowledgements to Estelle Ellis and The Star.

*1 Two witness who seem to have conflicted interests.

*2 Advocates Jannie Lubbe SC and Frank Kahn SC.

*3 As charming as a lying, cheating French arms dealer can be in front of a judge of the High Court.