Zuma discharge application continues

Jacob Zuma’s legal team will continue with their attempt at having the rape case against him discharged in the Johannesburg High Court on Tuesday.

Argument started late on Monday after a failed attempt by three non-governmental organisations to be admitted as friends of the court.

Kemp J Kemp began the application for discharge, in terms of Section 174 of the Criminal Procedure Act.

The section says that if, at the close of the prosecution’s case, the court is of the opinion there is no evidence that the accused committed the offence, the accused may be discharged.

Kemp opened the application with legal argument that the court should know at the resting of the state’s case whether there would be a conviction or an acquittal.

“The court must know whether it is going to convict or not on the state’s evidence,” said Kemp.

Zuma, who has pleaded not guilty to the charge, has not yet entered the witness box.

He is accused of raping the 31-year-old HIV-positive daughter of a fellow-comrade last year.

Further protests are expected outside the court on Tuesday, with the streets in front of the court—Pritchard and Kruis—closed to traffic.

On Monday, the Centre for the Study of Violence and Reconciliation, the Centre for Applied Legal Studies and the Tshwaranang Legal Advocacy Centre had wanted to present evidence on the impact of rape and repeated abuse.

They believed these areas had not been covered by the state’s evidence.

“I cannot see how the applicants can assist me in any way on matters I am to decide on a factual basis,” Judge Willem van der Merwe found on Monday afternoon. - Sapa