The National Prosecuting Authority (NPA) has expressed disappointment at the acquittal on Monday of axed deputy president Jacob Zuma on a charge of rape.
”Whilst the NPA is disappointed with the judgement, it respects and accepts it,” the authority said in a statement.
It said the court proceedings and evidence led vindicated the police’s decision to investigate the allegations of rape against Zuma.
”Furthermore, the court also vindicated the state’s contention that the accused had a case to answer in court when it rejected the application for charges against Zuma to be dismissed in terms of Section 174 of the Criminal Procedure Act,” the NPA said.
”The acquittal, together with the manner in which the proceedings were conducted, should erase all doubt that the state acted in the best interest of justice and the complainant, and that allegations of a conspiracy involving the NPA in this matter have been without merit.”
The NPA called on all concerned to allow the complainant in this matter space to resume her life in conditions of peace and security, respecting her constitutional right to have laid the complaint against the accused.
Members of the public, especially the media, should not treat her in a manner that would discourage future victims of crime to come forward, the NPA said.
Judge Willem van der Merwe acquitted Zuma of rape in the Johannesburg High Court on Monday afternoon, saying he accepted Zuma’s version that consensual sex had taken place.
Credibility damaged
The Democratic Alliance accepted the judgement, saying the law has taken its course. ”However, as the judge himself has commented, this trial has been as much about sexual politics as about rape.
”The political fallout of this verdict will be significant though as yet undetermined,” the party said in a media statement. ”Even though he has been found not guilty, Zuma has emerged with his credibility as a leader severely damaged … He has demonstrated some of the worst aspects of patriarchy and sexism, in a most irresponsible manner.
”As a previous head of South Africa’s Aids Council he has spread disinformation about combating HIV/Aids,” the party said.
The DA said that more or less everything Zuma said and did in the course of the trial has done South Africa’s image a huge disfavour. ”He could best serve South Africa by sinking into obscurity until his next appearance in court on charges of corruption and fraud.”
The party called Zuma’s sleeping with a family friend half his age ”foolish” and ”shameless”.
”If anything good has come from this sordid and sorry saga, it is that it has sensitised the government and the public to the urgent need for reform of the law and legal process relating to rape cases.”
The party’s Sheila Camerer told the Mail & Guardian Online: ”We accept the decision of the court and respect the finding of the judge. Over the course of this case Zuma’s credibility has been damaged.
”We’ve seen some of the worst exhibits of patriarchy and sexism. It has done South Africa’s image a huge disfavour that can be corrected in the next trial for corruption, but that might be wishful thinking. If anything good has come out of this, it is that the urgent need for a reform of the law concerning rape has been shown. The case has also re-energised women’s groups in their fight against patriarchy, which is a good thing.”
Other comments
The African National Congress, South African Communist Party and the Congress of South African Trade Unions welcomed and accepted the judgement.
They were relieved that the trial had come to a conclusion, as it had been distressing not only for the families involved, but also for the tripartite alliance and the country as a whole.
The alliance welcomed the fact that the case was conducted in line with key tenets of South African justice. The trial process confirmed that the democratic institutions, which were fought for over many years, are on a firm footing, it said.
The alliance partners reaffirmed their abhorrence of the crime of rape and all other forms of violence against women. ”We will continue to press for the severest possible punishments for those found guilty of such offences,” it said
President Thabo Mbeki has accepted the not-guilty verdict in Zuma’s rape trial, his office said on Monday afternoon.
”The Presidency respects the independence of the judiciary and accepts the verdict,” Mbeki’s spokesperson Mukoni Ratshitanda said. He declined to comment further at this stage.
Barnabas Zulu, of the Friends of Jacob Zuma Trust, told the M&G Online: ”We’ve seen justice today. The judicial proceedings have had their course. I did not want to think of the outcome before the verdict was in, because I wanted to leave that to the court.”
Independent Democrats leader Patricia de Lille said: ”The ID calls on all South Africans to respect the decision of the judge. He had all the relevant facts before him, where the public had only fractions taken from the media.
”This case has raised many issues that impact on South Africans, like HIV/Aids and the kind of clothing people wear. But it has once again been proven that all are equal before the court of law.”
Stephen Tuson, a practising attorney and lecturer who runs the criminal law unit at the University of the Witwatersrand’s law school, commented: ”To be honest, I expected the outcome to be not guilty. Justice has definitely been served. I do think it is important to emphasise that this should not be seen as a setback for the rape cause; rape victims should not be afraid to come forward for their cases will be different without a previous history of false rape allegations.
”Both sides should take heart from this judgement; neither side should be afraid because both have rights.”
Carrie Shelver, of the NGO People Opposing Women Abuse, told an M&G Online reporter outside the court: ”Obviously we are distressed by the judgement, which points how far we still have to go … There are fundamental flaws in the law and how society understands violence.”
Legal provisions
The African Christian Democratic Party said in a statement it respects the judgement. ”However, we cannot detract from the perceptions women will have following this judgement. The proceedings in this trial have exposed, if nothing else, the urgent need to speed up and tighten legal provisions relating to rape.
”Whilst we appreciate the judge’s lengthy reasoning for allowing this evidence in a unique case such as this, this highly publicised trial has been characterised by the graphic exposure of the complainant’s sexual history.”
It continued: ”At the very least we must tighten the conditions when a rape survivor’s sexual history is relevant, and minimise the secondary trauma of having to give evidence.
”We need to consider reintroducing provisions treating complainants in rape cases as ‘vulnerable witnesses’ requiring special protection, as well as carefully considering whether the clauses dealing with consent, applicable in such ‘acquaintance’ rape cases, are sufficient.”
The Zuma rape trial showed there are no holy cows — anyone can be held accountable in a court of law, the South African Council of Churches (SACC) said.
SACC spokesperson father Jo Ndhlela said the trial will ”strengthen our democracy. People will have confidence in our democracy.”
Ndhlela added to concerns expressed by Judge Van der Merwe about the quality of the police investigation. ”If this [poor-quality investigations] continues, it will have a tendency to compromise justice,” Ndhlela warned.
He suggested ”a lot of money should be spent training police in giving quality evidence”.