/ 14 February 2006

Zuma trial postponed at defence’s request

Former deputy president Jacob Zuma’s rape trial has been postponed to March 6.

The postponement was granted by Justice Ezra Goldstein.

Zuma’s advocate, Kemp J Kemp, SC, said the postponement was at the request of the defence, which needed time to digest documents received from the prosecution on Monday morning.

Kemp said the defence would not ask for further postponements.

It was not immediately clear late on Tuesday morning who would preside over the trial when it resumes.

On Tuesday, it was not known if Deputy Judge President Jerry Shongwe, who heads the Pretoria High Court, would take over from Transvaal Judge President Bernard Ngoepe who on Monday recused himself.

However, The Star newspaper on Tuesday reported the defence might also ask Shongwe to step aside.

The newspaper, quoting unnamed sources, said the defence had ”difficulties” with Shongwe — apparently because of unspecified personal reasons and the fact that Shongwe had been involved in a Zuma matter relating to his upcoming corruption trial.

News24 reported that Shongwe in 2003 scrapped an urgent application by Zuma to obtain information about the investigation that led to him being charged with corruption, and ordered him to pay the state’s legal costs.

Ngoepe said on Monday the other Deputy Judge President, Phineas Mojapelo, who heads the Johannesburg High Court, was not available because of personal circumstances.

Zuma was back in room 4E of the Johannesburg High Court for the second day of his rape trial shortly before 10am.

As he entered, friends and family packing the two front rows rose and bowed, a gesture Zuma returned. Wearing a charcoal suit and looking relaxed, Zuma quickly sat down to chat with his legal team.

He moved into the dock 10 minutes past the hour and engaged National Prosecuting Authority spokesperson Makhosini Nkosi in conversation. Both broke out in laughter.

Zuma then greeted the public gallery from the dock, while waiting for the judge. Shortly afterwards, his advocate, Kemp, emerged from a meeting in chambers and briefed Zuma. What was said is not known.

Zuma stands accused of raping a family friend at his Johannesburg home last November. He has not pleaded in court, but has strongly denied the charge in public.

About 100 supporters — up from a mere 20 earlier — were singing ”Zuma, my president!”, as Zuma arrived at the court. The supporters carried placards backing the former deputy president.

”Nelson Mandela, tell Mbeki to release Zuma so that he can rule the country,” they sang. Their posters read ”[Bulelani] Ngcuka and friends are saying Zuma is a Zulu boy. Have you forgotten that Chief Albert Luthuli was also a Zulu boy?” and ”Former ANC leaders are turning in their graves because you [Ngcuka] and friends are dividing the country”. Others read: ”Hamba [leave] Mbeki hamba”.

”Why did mister Ngcuka call the media to the off-the-record briefing? The purpose was to gossip and assassinate the character of our leader [Zuma],” another poster read, and ”SAPS prepare for civil war” said yet another.

More than 100 bystanders were watching the protesters, whose number had grown rapidly since 9am.

South African Prisoners’ Organisation for Human Rights president Golden Miles Budhu joined the protesters, who enthusiastically welcomed him. He carried a placard reading: ”Why was Zuma raped?”

As on Monday, he was dressed in prison garb and wearing chains.

There was no sign on Tuesday of any anti-rape protesters. A small but vocal group protested against sexual violence and in support of the complainant on Monday, when the area set aside for street theatre was filled by between 1 000 and 2 000 pro-Zuma and anti-rape protesters. — Sapa