An application for the recusal of Judge Bernard Ngoepe from former deputy president Jacob Zuma’s rape trial is on the cards, the Saturday Star reported.
Citing an unnamed legal source, the newspaper said an application for Ngoepe’s recusal would likely be discussed in the preparation of Zuma’s defence.
It was announced on Friday that Transvaal Judge President Bernard Ngoepe would preside over Zuma’s trial.
Zuma is accused of raping a 31-year-old HIV-positive woman last year. The complainant is a well-known Aids activist.
According to the paper’s report Judge Ngoepe last year issued search warrants used by the Scorpions to raid the offices of Zuma’s Johannesburg attorney Juleka Mohamed, attorney Michael Hulley’s offices in Durban and the Pretoria offices of French arms dealer Thint and the home of its chief executive Pierre Moynot.
In November, Mohamed brought a successful application in the Johannesburg High Court — though the Scorpions have appealed the finding — to have all documents and computer discs seized by the Scorpions returned to her.
Both Hulley and Thint have since brought similar applications before the high courts in Durban and Pretoria. Thint argues that Ngoepe could not have been presented full and proper evidence by the Scorpions as he never would have allowed the search warrants if he had.
The legal source said that in issuing the warrants, Ngoepe made a decision based on only one side of the argument.
”If there is unhappiness on a client’s part about the presiding judge, whoever he may be, and this unhappiness is reasonably based,” said the legal source, ”it stands to reason that the client is going to consider applying for that judge’s recusal. It’s not rocket science.”
Hulley said that by 5.30pm on Friday Zuma’s legal team had not been officially informed that Ngoepe would be the judge.
”We have been told by the media.”
National Prosecuting Authority spokesperson Makhosini Nkosi refused to comment on the matter.
”Who the judge is, is not an NPA matter. We refuse to confirm or deny who the judge is.” – Sapa