A handful of men were among anti-rape activists singing outside the Johannesburg High Court on Monday. Leading the singing were seven kanga-clad women, one of whom shouted ”up with men who support women’s rights … down with women who refuse to think critically”.
The bulk of around 50 protesters in this camp wore purple T-shirts of the One in Nine campaign, the organisation behind the demonstration.
The campaign takes its name from statistics according to which only one out of nine rapes is reported.
Crowds have gathered outside the court to hear Judge Willem van der Merwe’s verdict in Jacob Zuma’s rape trial. Zuma has pleaded not guilty to raping an HIV-positive family friend at his Johannesburg home last November.
Reading his judgement, Van der Merwe said the complainant was accepted at a homeopathic college in Australia in February 2005, and asked Zuma for financial assistance. Zuma told her there was too little time to arrange money and Australia was too far away.
She told Zuma she would apply to a college in the United Kingdom and he told her that once she was accepted, he would arrange funding for her.
In June 2005 Zuma was removed as deputy president of the country, and the complainant sent him several SMSes of support saying in one ”I love you very much malume”.
In July 2005 she started working in Johannesburg and at the end of the month she was accepted to the UK college.
Zuma attempted to get financial assistance for her, but was not able to do so by the admission date of September 9, 2005.
She testified that when she heard there was no money she was devastated and her CD4 count dropped — meaning her immune system took a knock.
In August she visited Zuma’s home and they spoke about a bursary and the fact that she did not have a boyfriend.
She testified that he had a ”question mark on his head” and she told him that he was not getting lobola any time soon.
She told him she did not have a boyfriend because none of the young men were man enough.
In September 2005 Zuma paid for an air ticket so that the woman could visit her mother in Swaziland.
Van der Merwe said that on the day of the alleged rape, November 2 last year, Miss K received a message from her sister that a relative in Swaziland had been bitten by a snake.
She testified that she had sent several SMSes to different people, including Zuma. She also tried to phone him several times, but was unable to get hold of him.
Late in the afternoon she reached him on his cellphone and he invited her to his Forest Town home.
She arrived there around 6pm and he greeted her as his daughter. He also introduced her to people waiting to see her as ”the daughter of an old friend”.
The judge said Zuma sent Miss K to the kitchen to wait for him.
After having dinner, she was left alone with Zuma in the lounge.
He told her if she was sad and lonely, she should come to his house.
He again asked her about a boyfriend and replied that ”the good ones were taken”.
She said she found his question a bit ”strange”.
Shortly afterwards he told her to go to bed and ”get ready to sleep”. He also said he would tuck her in later.
She found it strange as it was still early, just after 8pm. But she did not think it was strange for him to say he would tuck her in, as she regarded him as a father.
She showered, dressed in a kanga and got into bed. Shortly afterwards Zuma’s daughter, Duduzile, arrived home and the two of them went to Zuma’s study to wish him a good night.
He again said he would tuck her in.
She went to her room, the guest bedroom, and read for a while. She became sleepy. Zuma then entered the room, asking if she was asleep.
She said she was sleepy. He said he had some people to deal with and then she must come to his room to be tucked in.
She fell asleep facing away from the curtains. After a while she woke up, hearing a voice from the curtains. It was Zuma, asking her if she was asleep. She mumbled that she was and rolled herself in a ball, covering her head with the duvet.
Zuma said he wanted to tuck her in and give her a massage.
She said no, but he started massaging her shoulders. He turned her around and when she opened her eyes, she saw he was naked.
He opened her legs and entered her. While having sex with her he spoke to her.
In her testimony she said she was extremely shocked and was unable to move. After he had finished and left her room, she was still unable to move.
She testified that she was unable to scream or try to get someone’s attention as she was just too shocked.
She also did not leave the house because she was still trying to make sense of what had happened to her and she did not want to be completely alone.
Van der Merwe said he would comment on this later when dealing with expert evidence.
The next day at work she broke down and told a colleague that Zuma had raped her.
In her testimony she denied consenting to sex with Zuma.
She was aware of the risk involved to her and someone else if they had unprotected sex, because she was HIV-positive.
Afterwards two women visited her, talking to her about the effect her rape charge against Zuma could have on her safety and the African National Council (ANC).
She said she felt under pressure because of the charge and was placed in the witness protection programme.
The charge had upset her home life and took her away from people she needed. Her CD4 count was also not high enough, indicating that her immune system was compromised.
Van der Merwe proceeded to give the reasons why he had allowed questions to be asked and evidence to be led regarding Miss K’s sexual history.
Van der Merwe next concentrated on the complainant’s testimony during cross-examination.
He said evidence that she regarded Zuma as a father figure and her relationship with him was thoroughly examined by Zuma’s lawyer Kemp J Kemp.
The word for father in isiZulu is ”baba” and the woman seldom used it. She often referred to him as malume.
Kemp also referred to the minimal number of times the woman had contacted Zuma, and she was taxed about the fact that she did not contact him while she was in the UK. She also did tell him that she was HIV-positive when she was diagnosed with the condition.
She told Kemp that she may have not had Zuma’s number.
However she conceded that she could easily have got his number from the African National Congress.
The woman denied she asked Zuma if she could visit him on November 2 last year, and also denied that she asked him if she could stay over at his house.
She conceded she could have said at Zuma’s house that she always carried a panty and toothbrush with her, saying she always carried these as well as a kanga and a facecloth.
She denied that Duduzile Zuma offered her a lift home. The woman also denied that she had told Duduzile that she wanted to see Zuma and this was why she was taken to the study.
She said it was Duduzile’s suggestion that the two go say goodnight to Zuma who was in his study. Duduzile was dressed in her pyjamas which indicated that she was already in bed or about to go to bed, Van Der Merwe said.
She did not comment when Kemp told her that Duduzile would testify she thought the kanga was an inappropriate manner of dress.
On the woman’s statement to the police, she said she was aware that Zuma would deny raping her and say it was consensual sex.
She also considered the fact that she did not scream during the alleged rape and the issue of consent would be a major issue.
Van der Merwe said the woman was not badgered or tricked during cross-examination.
On an application being granted to the defence to question the woman on her past sexual history, the judge said it was not done to show that she was of questionable morals.
Kemp had told Van der Merwe it was fundamental to Zuma’s defence as she had made previous allegations of rape and she had not done anything about these allegations as she had with Zuma. – Sapa