The Durban High Court on Wednesday ordered the Scorpions to return certain documents seized from former deputy president Jacob Zuma and his lawyer, South African Broadcasting Corporation (SABC) radio news reported.
The documents were seized during raids on Zuma’s homes in Johannesburg and his KwaZulu-Natal homestead, and the Durban office of his lawyer, Michael Hulley, in August 2005.
They relate to the investigation into Zuma’s ”generally corrupt” relationship with Durban businessman Schabir Shaik.
The defence argued that the Scorpions unlawfully executed the search warrants they used to seize the papers.
The state has given notice of its intention to appeal against Judge Noel Hurt’s ruling, the SABC reported.
The broadcaster reported that friends and family present at court on Wednesday said Judge Bernard Ngoepe was wrong to have granted the search warrants.
The African National Congress Youth League welcomed the ruling. The raids were a ”desperate move” by the Scorpions to find Zuma guilty, it said.
”We have spoken openly against the raids when they were conducted, and appreciate the fact that this [ruling] vindicates us,” the league said.
Also on Wednesday, Hulley, Zuma’s attorney, would not confirm or deny a report that his client fathered a son with Minah Shongwe, the sister of Transvaal Deputy Judge President Jeremiah Shongwe.
According to The Star newspaper, Zuma fathered Edward, son of Minah, 29 years ago.
The defence ”had some issues with him [Shongwe]”, Hulley told reporters after his client’s appearance in the Johannesburg High Court on Tuesday on a rape charge.
During that appearance, Zuma’s lawyers successfully applied for a postponement to March 6. It is not known which judge will preside over the case.
Asked if Shongwe would be able to preside over the trial because of his reported family ties to Zuma, Hulley said as far as he knows there are no set rules.
”But it would be undesirable,” he said.
Transvaal Judge President Bernard Ngoepe recused himself from the trial on Monday after the defence applied for him to step aside. He told the court the presiding judge would be selected on seniority and that one of his two deputies should hear the trial.
Deputy Judge President Phineas Mojapelo was not available because of personal circumstances, he said. That left Shongwe, who heads the Pretoria High Court. — Sapa