Last week’s Scorpions raids on the offices of Jacob Zuma’s attorneys did not violate attorney-client privilege, the head of the National Prosecuting Authority (NPA), Vusi Pikoli, said on Wednesday.
Attorney-client privilege applies only to confidential communication between attorneys and their clients for the purpose of litigation, or for obtaining advice, he said.
”I must stress that where the privilege applies, it is not an absolute one,” Pikoli told reporters in Pretoria on Wednesday.
He was reacting to criticisms of last week’s raids on properties belonging to former deputy president Jacob Zuma and offices of his personal lawyer Julie Mahomed and his attorney Michael Hulley. The home of his former financial adviser Schabir Shaik was also raided.
”In this matter, the evidence sought was in relation to business affairs and transactions in which the attorneys were involved and where the privilege clearly does not apply,” he said.
”In any event, one of the attorneys had already appeared in court as a witness in relation to some of the documents sought, and her client had therefore waived privilege regarding those documents.”
Pikoli further dismissed suggestions that the NPA had a political motive in bringing the prosecution against Zuma.
Commenting on the Scorpions’ heavily-armed ”Hollywood-style” entering of Zuma’s premises, Pikoli said this is a normal operational requirement.
Such searches need to be carried out ”without interference”.
He said extraordinary measures had been taken to ensure the searches were carried out in a dignified manner.
”These measures were relatively successful in that the media arrived at the Johannesburg home of the former [deputy] president Jacob Zuma more than two hours after the arrival of the Directorate of Special Operations [Scorpions].”
Pikoli stressed that neither the NPA nor the Scorpions had tipped off any media about the searches.
”All indications are that the media learnt about the searches at about 7am [on Thursday] when a member of the Shaik family confirmed to a Johannesburg radio station that the houses of Mr Schabir Shaik and Mr Zuma were being searched.
”Obviously what happened was regrettable and never intended.”
Pikoli said the purpose of the raid was definitely not to embarrass or humiliate Zuma.
He said he regrets that this impression is held by certain members of the public.
”Perhaps things could have been done differently,” Pikoli lamented. ”It was the first time we had a case of this nature in this country, involving a former deputy president.” — Sapa