All eyes will be on Jacob Zuma’s rape trial judgement in Johannesburg High Court 4E on Monday.
If he is not guilty, he will collect his R20 000 bail money and walk out of the court a free man. If he is found guilty, the sentencing and appeal process will begin.
Seating in the court is expected to be at a premium with demand relieved slightly by Judge Willem van der Merwe granting permission for live coverage by 702, Cape Talk, e.tv and SABC2.
The National Prosecuting Authority (NPA) said it had received at least another 20 applications for accreditation from media houses, in addition to the 30 who have already secured their space.
Streets around the court will be cordoned off and security is expected to be tight.
A 31-year-old HIV-positive woman, who considers herself a lesbian, alleges that on November 2 last year, the former deputy president raped her in the guest room of his Johannesburg home while she was staying overnight during a family crisis.
He says that after receiving a number of sexual signals from her, including the wearing of a short skirt, he gave her a massage, removed her kanga, and they had sex in his bedroom.
She says that she did not scream or resist because she ”froze”, an explanation supported by a trauma specialist, but later questioned by a forensic psychologist.
After weeks of frenzied media speculation, Zuma, who is 64, was charged in a low key court appearance on December 6.
The trial began on February 13 and after a false starts over the suitability of judges, Van der Merwe finally took control over the case that has gripped the nation.
It has dominated news headlines and opened debate on many issues, including cultural norms, sexual stereotypes, rape myths, post traumatic stress disorder, activities in African National Congress’ (ANC) exile communities, and behaviour at an Anglican pastors’ training college.
Zuma, who is deputy president of the ANC, says the charge is part of a political conspiracy to remove him as a candidate for South Africa’s next president.
He is currently awaiting trial on corruption charges emanating from the fraud and corruption conviction of his financial advisor Schabir Shaik, a bidder in the controversial multibillion-rand arms deal.
Delphine Serumaga of the ”One in Nine” rape awareness campaign said the woman at the centre of the trial ”would just like to see this move on”.
But, said Serumaga, ”She is still strong and still standing to her word”.
It is not clear whether she will be in the court on Monday, but she has agreed to answer written questions, facilitated by state prosecutor Charin de Beer.
Serumaga said that on Monday, the ”One in Nine” campaign’s focus would shift from the low reporting of rape, to the low conviction rate.
She was happy about the awareness of rape their campaign had created.
”A lot of people paid attention. It made the debate more robust and people are thinking about these issues.”
A relaxed Michael Hulley — Zuma’s attorney — joked that he would have a crate of Moët et Chandon champagne on ice for Monday.
”No, seriously, we feel we have done all that we can. That was our duty, and that is what we have done.”
If Zuma was found guilty, said Hulley, the legal team would study the judgement before deciding how to proceed.
”Out of respect for the courts we would have to look at it,” he said.
Rhodes University’s dean of law, Professor Rob Midgley, said that if Zuma was found not guilty, and had not violated his bail conditions, he would get his bail money back immediately and would be free to leave.
The state could take the unusual step of appealing the verdict but Zuma will still be free.
If he is found guilty, there would be a postponement for the prosecution and the defence to prepare argument for sentencing.
The state would show any previous convictions and highlight aggravating circumstances in support of an appropriate sentence.
If he is fined, he will be free to leave once the fine is paid. If he is sentenced to imprisonment, continued Midgley, he would be taken into custody and his lawyers could then note their intention to seek leave to appeal and ask for his bail to be
extended.
The appeal process could take the matter as far as the Supreme Court of Appeal in Bloemfontein and, if there is a constitutional point, back to Johannesburg for a Constitutional Court application.
All that is left is for Van der Merwe to say the words, ”not guilty” or ”guilty”. – Sapa