Pietermaritzburg High Court Judge Herbert Msimang reserved judgement until September 20 in the state’s application for a postponement of the corruption trial of Jacob Zuma and his co-accused Thint.
Meanwhile, the state should be allowed to use documents seized from Zuma and his attorney in raids by the Scorpions last year, its legal team argued on Thursday.
State prosecutor Billy Downer said the state’s appeals against court orders forcing it to return documents seized from Zuma and Michael Hulley, meant that ”operation and execution shall be suspended”.
He said that common law dictated that the state should be allowed to use the documentation until the outcome of the appeals against the raids were known.
On Wednesday the defence for Thint had argued that the state was in contempt of court because a 500-page KPMG forensic report contained documents taken in the search-and-seizure raids.
Downer said the state was ”entitled” to use the evidence.
He said that there was ”a reasonable expectation” of success that the appeals against the raids would be in favour of the state.
”We don’t have to wait for these issues to be resolved,” he said. Downer said the defence was being unfair.
”They [the defence] first said we went to trial too late and now they are saying we went to trial too early.”
On August 8 last year Judge Bernard Ngoepe issued 22 search warrants for premises connected to Zuma and some of his legal counsel.
Some of the raids were done on August 18, with those tasked with the raids being seen carrying away piles of documents and hard drives.
On September 14 one of Zuma’s lawyers, Julie Mahomed, successfully challenged the raids on her office and home, but the National Prosecuting Authority is appealing this.
On October 10 Zuma and Hulley applied to have search warrants relating to them set aside and for the return of everything taken. In February this was granted, and the state intends to appeal this decision.
Thint MD Pierre Moynot and his wife this year unsuccessfully made a similar application to have search warrants set aside.
‘We want this case to come to an end today’
Supporters of Zuma kept up their vigil of support outside the court on Thursday, singing songs and earnestly discussing the case.
At least 1 000 people stood outside the court, some standing under the trees for protection from the sun.
”Ngcuka wenzeni uZuma? [Ngcuka, what has Zuma done?],” sang the protesters, who formed a circle on Church Street.
”We want this case to come to an end today,” said one Lina Ngcobo.
”It is clear that this is a set-up. The judge should just throw this case out of court,” said Ngcobo, who said she had been following the case since it started.
”There was an argument yesterday [Wednesday] on the documents that the state seized illegally when they raided Msholozi’s [Zuma’s clan name] home. Today I think the judge should just let Msholozi go.”
Ngcobo (69) said she had worked with Zuma ”years ago” and he had assisted a lot of people in the Pietermaritzburg area.
”He intervened when we as street vendors were being removed from the streets by the municipality,” she said.
She and the rest of the group were expecting Zuma to address them later on Thursday as promised by African National Congress secretary general Kgalema Motlanthe on Wednesday. – Sapa