Publication: Cape Argus Issued: Date: 2006-09-07 Reporter: Karyn Maughan Reporter:

Zuma Faces 13-day Wait for Trial Ruling

 

Publication 

Cape Argus

Date

2006-09-07

Reporter

Karyn Maughan

Web Link

www.capeargus.co.za

 

Jacob Zuma will have to wait 13 days to discover what will happen to the corruption case against him.

After hearing argument from the State and the defence teams for Zuma and French arms company Thint, Mr Justice Herbert Msimang said today he would give his ruling on the State's bid to postpone the corruption trial on September 20.

That is the week before Schabir Shaik goes to the Supreme Court of Appeal in Bloemfontein to challenge his convictions for fraud and corruption.

Over the past few days, the battle between the State and defence has focused on the prosecution's decision to use documents seized unlawfully in a forensic audit of Zuma's financial affairs.

In the Pietermaritzburg High Court this morning, State advocate Billy Downer SC sought to exert damage control after allegations that the prosecuting authority had done this in contempt of court.

But Kemp J Kemp SC, for Zuma, challenged Downer's argument that the State was entitled to use the documents.

Kemp said the issue that the court needed to consider was whether the report would be admissible as evidence by the State when the case returned to court.

He pointed out that the State had been ordered to take back the documents and any copies from the auditors, KPMG, but had failed to do so.

After a scathing attack on the prosecution yesterday, Judge Msimang admitted this morning that he "might have got carried away" when he accused the State of being in contempt of court by using the documents despite earlier court decisions that they were unlawful.

Downer argued today that because the State was appealing against the court orders, it was entitled to use the documents in the meantime.

The State says legal disputes over the seizure of the documents from Zuma and his lawyers are the main reason it needs a postponement of the case.

In charges that mirror those of which Shaik was convicted last year, Zuma is accused of agreeing to accept a R500 000 bribe to protect Thint from an arms deal inquiry.

Although he retreated from his position on the State's handling of the case yesterday, Judge Msimang questioned today why the State had not been prepared to go ahead with the Shaik-related charges against Zuma.

Pointing out that the State had failed to provide Zuma's defence team with all the Shaik-related evidence that it had in its possession, the judge said it seemed the State had been certain it would be granted a postponement.

"Why did you allocate yourself the power not to hand that evidence over?" he asked Downer.

"It looks as though you presumed you would get an adjournment."

Downer responded that the State was concerned that it would appear "dishonest" if it failed to hand over all the Shaik evidence it intended to use against Zuma, but the judge was not impressed.

"Who in their right minds will accuse you of being dishonest?" *1 he said.

The case is continuing.

With acknowledgement to Karyn Maughan and Cape Argus.


*1       It's not those with right minds that are a problem.