Jacob Zuma’s lawyer advocate Kessie Naidu told the Durban Magistrate’s Court on Tuesday that his client’s case could not be transferred to the High Court without an indictment.
”There are no charges pending in the High Court,” said Naidu.
This comes after prosecutor Billy Downer requested that magistrate Bilkesh Asmal postpone Zuma’s case and move it to the High Court for trial on November 1.
Zuma faces two charges of corruption, which were laid against him after the conviction and sentencing of his former financial adviser Schabir Shaik.
Downer said the state had the right to serve an indictment on Zuma ten days before the start of a trial which he believed would only get under way during the course of 2006.
Naidu, however, opposed the state’s request and told Asmal: ”If you accede to this request, we are going to contend the proceedings have stopped in this court. There are no proceedings in any other court, therefore we want our bail money…”
So far, Zuma faces two charges of contravening the Corruption Act, brought after the conviction and sentencing of his former financial adviser Schabir Shaik on fraud and corruption charges. Shaik is out on bail pending appeal.
At the start of proceedings, Zuma stood at one of the doors to the packed court room while the defence and prosecution argued over where he should sit.
Naidu asked that he be seated next to his group of lawyers so that they could take instructions from him as the case progressed.
”We want to spare Mr Zuma the ignominy of sitting in the accused box.”
Replied Downer: ”All accused are equal before the court.”
Zuma should not be treated differently, he submitted.
Asmal ruled in Naidu’s favour and a calm-looking Zuma sat next to one his lawyers, Mohamed Patel, who was also present at the Shaik trial.
At the first adjournment National Prosecuting Authority spokesperson Makhosini Nkosi was seen shaking hands with Zuma.
Several high profile people were at the court for Zuma’s appearance, including Congress of SA Trade Unions Secretary General Zwelinzima Vavi, KwaZulu-Natal premier S’bu Ndebele, the head of the Presidency Smuts Ngonyama, ANC Secretary General Kgalema Motlanthe, former ANC chief whip Tony Yengeni, Mo Shaik and KwaZulu-Natal economic affairs MEC Zweli Mkhize.
Zuma is deputy president of the ANC. – Sapa