The Johannesburg High Court has turned down an application by three non-governmental organisations to appear as amici curiae (friends of the court) in the rape trial of former deputy president Jacob Zuma.
The Centre for the Study of Violence and Reconciliation, the Centre for Applied Legal Studies and the Tshwaranang Legal Advocacy Centre had wanted to present evidence on the impact of rape and repeated abuse.
They believed these areas had not been covered by the state’s evidence.
”I cannot see how the applicants can assist me in any way on matters I am to decide on a factual basis,” Judge Willem van der Merwe found on Monday afternoon.
The NGOs brought their application to present further information after the state had rested its case. Both the state and Zuma’s legal team opposed the application.
Van der Merwe said Zuma’s lawyer Kemp J Kemp had rightly pointed out that there would be a considerable delay in the trial if the application was granted.
He also said it might mean that the defence would have to change its strategy, which meant the complainant would maybe have to be called to the witness box again.
”She would be in a position we all want her out [of],” said Van der Merwe.
The judge said the latest the three organisations should have applied for permission to testify was when the state asked for an adjournment of about seven days before closing its case.
He also said he had no doubt the state would advance argument to strengthen its case at the end of the trial.
On Monday afternoon Zuma’s lawyers began their application for the discharge of the former deputy president on a rape charge.
Referring to a 2001 judgment — Lubaxa vs. the state — Kemp said that the court must ask itself whether there was enough evidence to convict.
The court was adjourned shortly after argument began and is to continue at 9.30am on Tuesday. — Sapa