South Africans had a foretaste of just how bitterly fought the Jacob Zuma case will be, both legally and politically after the former deputy president appeared in court this week.
Zuma’s lead counsel, Kessie Naidu, SC, arrived at the Durban Magistrate’s Court with a small army of lawyers, comprising no fewer than three other senior counsel, one junior counsel and his instructing attorney.
Naidu lost no time in displaying the fruits of this legal expenditure by raising a complex technical argument over the state’s attempt to refer the matter to the high court without first supplying a detailed indictment — a statement of the essential facts the state will rely on to prove its case.
He gave explicit notice that the prosecution would not enjoy the easy procedural ride it appeared to get in the Shaik trial. It was the opening skirmish in a case that promises to be a marathon of legal attrition.
Parading his trademark declamatory style — part overweening, part condescending — Naidu told magistrate Bilkesh Asmal that the state was attempting to prescribe to her an impermissible procedure, and warned that if she acceded to the request, he would challenge the decision immediately in the high court
After state advocate Billy Downer made his preliminary counter–arguments, Asmal, who looked as if she would do whatever it took to get the case out of her court, retreated for a long tea-break.
The parties took the opportunity to come to an unexpectedly swift agreement.
Facing the chance of a decision that might mean the withdrawal and reinstatement of charges against Zuma, Downer tendered an offer of an early provisional indictment to be tabled early next month, subject to amendment before Zuma’s trial got properly under way.
The defence, having placed the state under time pressure — and having created the possibility of exploiting technical points flowing from amendments to the indictment — appeared well satisfied. A trial date was later agreed to for July 31 next year in the Durban High Court.
Naidu’s theatrics were lapped up by a packed gallery of African National Congress bigwigs, most openly supportive of Zuma. Some, such as KwaZulu-Natal Premier S’bu Ndebele, were present more as a matter of form.
Indeed, Ndebele, perceived as being aligned with President Thabo Mbeki, reportedly had a torrid time the night before when he tried to speak at the ‘vigil†held by Zuma supporters outside the court, and was all but shouted down.
The protest outside the court went as far as the burning of T-shirts -displaying Mbeki’s picture and reportedly included highly derogatory remarks about him.
Inside, the atmosphere was more polite, but still highly partisan.
At one point, ANC spokesperson Smuts Ngonyama had to remonstrate with ANC Youth League president Fikile Mbalula when he launched a scathing verbal attack on the -Scorpions, directed at National Prosecuting Authority spokesperson Makhosini Nkosi.
Key ANC figures in evidence included ANC secretary general Kgalema Motlanthe, accompanied by former Limpopo premier Ngoako Ramatlhodi; disgraced MP Tony Yengeni and retired defence force chief Siphiwe Nyanda; Congress of South African Trade Unions president Willie Madisha and general secretary Zwelezima Vavi; and South African Commmunist Party boss Blade Nzimande.
The only Cabinet minister present was Minister of Transport Jeff Radebe, widely seen as having been demoted by Mbeki from the public enterprises portfolio to transport.
‘Please help …’
International stardom may be in the future for former deputy president Jacob Zuma. This week, he and his allegedly ill-gotten millions became the object of a 419 scam.
According to an e-mail on the Internet, Zuma is feeling such heat that he is seeking foreign partners to help him shift cash out of the country.
The ‘419†scam, named after the Nigerian Criminal Code 419, enacted to deal with officials looting the state coffers and sending this abroad for safekeeping, aims to con unwary Web-surfers into handing over their financial particulars.
Signed by ‘Margaret Zuma, wife of Sacked Deputy President of South Africa, Mr. Jacob Zumaâ€, the e-mail asks readers for help in preventing Zuma from sinking deeper into ‘the cesspool dug by our enemiesâ€.
‘It is out of desperation that I am sending you this mail. My husband and I need your assistance in fronting for us as owner of funds that are his which might come under investigation soon if the fund’s ownership is not changed soonest.
‘My husband’s finances are increasingly becoming the source of investigation by our distractors [sic]. The source of these funds, which my husband’s earnings would not validate, will further sink him into the cesspool dug by our enemies. It is because of the dire straits we find ourselves in that we resolved to reach you and ask for your assistance.â€
In what may not please the Congress of South African Trade Unions, the African National Congress Youth League, Schabir Shaik or others Zuma may have thought were his loyal comrades, the e-mail concludes: ‘We are averse to letting those we know into this deal because we are no longer sure of who our friends are. You will be handsomely rewarded if you choose to help us partnership in this project.†— Fikile-Ntsikelelo Moya