Transvaal judge president Bernard Ngoepe has recused himself from the rape trial of African National Congress deputy president Jacob Zuma.
He told the Johannesburg High Court he is stepping aside — but not for the reasons put forward by Zuma’s defence.
”The protection of the credibility of the judiciary should weigh with me heavily [when making the decision to step aside],” the judge said.
He said the trial has not yet started and he is therefore not ”seized in the matter”. If he has to step aside, now is the time to do so.
Zuma’s legal team brought an application for Ngoepe to recuse himself from the rape trial based on Ngoepe’s involvement in granting search warrants related to Zuma’s separate corruption trial to be heard in Durban in June.
Ngoepe said he and his two deputy judge presidents had decided he should preside, as this is a high-profile trial ”and not a pleasant matter”.
He also ruled it would not be appropriate for him to hear an application for adjournment by the defence.
That will now be heard on Tuesday, by another judge.
Ngoepe said it is logical that the trial now be heard by one of his two deputy judge presidents, in order of seniority.
He said Justice Phineas Mojapelo, the head of the Johannesburg High Court, is not available to hear the case for personal reasons.
He was not sure if Judge Jerry Shongwe, who heads the Pretoria High Court, would be available.
Zuma’s attorney, Michael Hulley, told reporters outside the court that the prosecution and defence would meet Ngoepe later in the day to find out who would hear the application to adjourn the trial for two weeks.
He said the adjournment is necessary due to the late provision of documents by the state.
”As you saw, I only got some of the documents this morning,” he said. He added the documents relate to telephone entries and a psychologist’s report.
The defence welcomed Ngoepe’s decision to recuse himself, saying it is well founded.
Hulley said that in calling for the recusal, the defence did not mean to impugn Ngoepe’s reputation.
Zuma thanks supporters
Zuma was hoisted on to a makeshift podium outside the Johannesburg High Court on Monday to address about 3 000 supporters after Ngoepe recused himself from the trial.
The crowd whistled and chanted ”Lethu mshini wali [Give me my gun]”.
After a short speech in Zulu explaining the court proceedings, Zuma led the crowd with the song Letu Mshini Wali. He promised to thank his supporters properly at the end of his rape trial.
”As you know, when the case is in progress, I can’t speak,” he said. ”At the end I will get the chance to thank you. I want to thank you for your support and I think it is special.”
Zuma told the crowd that he is happy that Ngoepe recused himself.
”What has happened is that a judge has decided to step down. We are happy with the decision because we were not going to be satisfied with him in the case.
”He was the one who gave permission to the Scorpions to search my houses.”
The crowd chanted ”Zuma, Zuma, Zuma” when he pushed his way through them, got into his car and was driven away.
They dispersed afterwards in pouring rain and by 3.30pm the streets around the court building had been reopened again to traffic.
Family and friends of the alleged rape victim said they were not yet ready to comment on Monday’s turn of events, as they wanted to consult with her first.
”So long as justice is delayed, you stay a victim in the meantime,” said Prudence Mabele, executive director of the Positive Women’s Network.
Delphe Serumaga, executive director of People Opposed to Woman’s Abuse (Powa), said: ”It is important that we get on with this case.”
Both women were among the family and friends that filled the first row in court for the trial.
Mabele said the alleged victim is ”doing fine”.
National Prosecuting Authority spokesperson Makhosini Nkosi said the state is ready to proceed, no matter which judge presides.
”Any judge can hear this matter,” said Nkosi. ”We just want justice for the victim.”
Fair trial
During Monday’s lunch break, ANC Youth League president Fikile Mbalula and South African Communist Party Youth League president Buti Manamela addressed pro-Zuma supporters, updating them on what had transpired in court during the morning.
”We don’t want people to cheat our revolution,” Manamela told Zuma supporters gathered in Pritchard and Kruis streets.
”We will make sure Msholozi [Zuma] gets the fair trial that he deserves,” Manamela said, thanking the crowd for showing its affection for Zuma.
Mbalula also thanked the crowd for its support. ”Nothing must be swept under the carpet. Zuma must get a free and fair trial,” he said.
Fikile and Mbalula, along with ANC Gauteng secretary David Makhura, were the most senior politicians in attendance at the trial.
Insults
Earlier on Monday, anti-rape and pro-Zuma protesters exchanged insults outside the court. A small group of anti-rape protesters singing in Zulu asked in song: ”Why are you playing around with your pants? Now you have caused a problem.”
A pro-Zuma supporter, bearing a traditional shield and three sticks, pointed at them, chanting ”Look at those bitches” in apparent response.
About 30 people, mostly women, were holding up placards reading ”Rape is always a crime”, ”Solidarity with women who speak out” and ”Silence does not equal consent”.
The protesters included members of Powa, the Gender Aids Forum, the Forum for the Empowerment of Women, a black lesbian group, and the Positive Women’s Network.
Powa public-awareness manager Carrie Shelver earlier said the group was there in support of survivors of sexual violence — and the complainant.
She said current legislation does not really provide for survivors of sexual violence. ”Survivors get very little support in South Africa,” she said. — Sapa