Publication: The Witness Issued: Date: 2006-08-01 Reporter: JanJan Joubert Reporter:

Judge Makes His Presence Felt

 

Publication 

The Witness
Date 2006-08-01

Reporter

 Jan-Jan Joubert

Web Link

www.witness.co.za

 

The judge in the Jacob Zuma trial has shown he could become one of the most controversial aspects of the court case.

Judge Herbert Msimang, who postponed the case to September 5, made no secret of the fact that he will cut anyone of the legal teams short if he thinks they’re wasting his time. He didn’t hesitate a second on Monday to get involved in several clashes with the legal teams and showed he’s got a sharp, and at times, even sarcastic wit.

Msimang showed he is the exact opposite to the ascetic and nearly unfathomable *1 Judge Hilary Squires, who handled the trial of Zuma’s financial adviser, Schabir Shaik.

It was obvious that Msimang enjoyed his role. He leant forward and actively took part in the court happenings. His face clearly showed preferences and dislikes. He also showed quickly and clearly if he agreed or disagreed with argument taking place.

Three of the country’s top senior advocates appeared before him yesterday ­ Wim Trengove for the state, Kemp J. Kemp for Zuma and Kessie Naidu for the French arms manufacturer Thint.

When Trengove, for example, asked that the case be postponed because the defence tabled four files of new documents on Monday ­ among them a 100-page affidavit ­ Msimang remarked: “How long does it take you to read 100 pages?”

No explanation from Trengove (who appeared to be lost for a while after being addressed in such a fashion) that the state should study the evidence, find the witnesses in question and formulate a reply, could change Msimang’s mind.

The judge also showed that no one will be able to play him for the fool or browbeat him. He cut off the verbose Naidu and was merciless towards Billy Downer SC (also for the state) when he said: “I wouldn’t want to bind the judge”.

It seemed as if the judge established good rapport with Kemp and he agreed with Kemp’s argument about when the case should be heard.

The judge at one stage hammered on the bench when Trengove tried to buy time by alleging Kemp’s proposed date was unacceptable to the state’s legal team.

Msimang said: “If you’re not available, the state could hire another advocate.”

He made his displeasure known when Trengove indicated that Downer and his colleague, advocate Anton Steynberg, also found September 5 unacceptable because they plan to be overseas at that time.

“They will have to be back by then. It’s obvious that this case is very important,” Msimang said.

With ackowledgement to Jan-Jan Joubert and The Witness.


*1       It is best for a presiding officer to remain unfathomable until he delivers the last phrase of his judgment.