/ 19 June 2006

Zuma judge’s identity to be revealed on day of trial

Only when former deputy president Jacob Zuma’s corruption trial kicks off on July 31 will the defence teams and the National Prosecuting Authority (NPA) know who will be the presiding judge.

On Monday KwaZulu-Natal Judge President Vuka Tshabalala said: ”You will see when he presides.”

Tshabalala said he would not disclose the name of the presiding judge before the case started.

He also gave no indication of whether he had appointed anybody, although both the prosecution and defence believe he has.

KwaZulu-Natal media are tipping Judge Herbert Msimang as the man who will preside over the case when it opens in the Pietermaritzburg High Court.

Billy Downer, Anton Steynberg and George Baloyi will head the prosecution, while Durban advocate Kessie Naidu, commonly known as the ”silver fox”, is representing the French arms manufacturer and supplier Thint while advocate Kemp J Kemp will represent Zuma.

Downer said on Monday he did not know who would be presiding. Steynberg said he believed a judge had been appointed but did not know who it was. Naidu could not be reached for comment.

Zuma’s lawyer, Michael Hulley, said: ”We haven’t been told when we sought the information. It’s really the prerogative of the JP [Judge President].”

However, questions arise whether the trial will proceed as Durban businessman Schabir Shaik, the man convicted of having a ”generally corrupt relationship” with Zuma, is appealing his conviction. That appeal will only be heard later this year.

No date has been set for the appeal, but it is expected to be heard when the Supreme Court of Appeal’s third term commences in August.

Shaik was convicted in July 2005 by Judge Hilary Squires and sentenced to two terms of 15 years for corruption, and one term of three years for fraud, to be served concurrently.

Downer said: ”There are a whole lot of legal processes that need to be followed before the trial begins.”

So far only a provisional indictment has been given to the defence. Downer said he could not say when the formal indictment would be handed to Kemp and Naidu.

Hulley said Zuma’s defence team was treating the indictment as final and would deal with any changes should they arise.

Last month the Durban High Court dismissed a bid by Thint for further particulars on the corruption charges it is to face alongside Zuma.

Controversial search and seizure raids on homes and offices of Thint representatives, Zuma, his benefactors and his lawyers could mean that the trial is postponed.

Two courts ruled that the raids were unlawful and the matter is up for appeal. Until this matter is resolved the state will not know whether the documents seized can be used in the upcoming trial.

Hulley said talks were being held with the NPA in a bid resolve the issue of the search and seizure raids. However, he would not be drawn on any details of the talks.

Tshabalala said the case would be heard in Pietermaritzburg where hotels are expecting an influx of media and Zuma supporters.

Pietermaritzburg tourism director Melanie Veness said the local industry was taking a breather after the Comrades Marathon, but was expecting hotel occupancy rates to be up during the trial.

Last month Zuma was acquitted of raping a 31-year-old HIV-positive woman at his Johannesburg home. – Sapa