Jacob Zuma and the other major players in his corruption trial will have to wait until September 20 to hear whether or not the matter will be postponed.
Judge Herbert Msimang on Thursday reserved judgement on the state’s request for a postponement of the trial of the former deputy president and his co-accused, French arms company Thint.
Emerging from the Pietermaritzburg High Court after three days of legal battle between the state and the defence, Zuma said: ”This time we will hear from the real judge, not those people we meet on the streets who make decisions.”
Cheers and shouts erupted from a 4 000-strong crowd as Jacob Zuma walked on to the stage in Freedom Square in front of the court.
”Akekho umongameli onjengawe” [There is no president like you], some of Zuma’s supporters shouted at him.
The crowd spent the morning keeping up a routine of songs and marching. Zuma thanked African National Congress leaders who came to support him, but said there would always be (political) rivals and ”people who checked who was attending”.
He ended his speech with an extended version on his trademark song Leth’ umshini wami. On this version, Zuma added ”Mus’ukungi bambembezela” (Don’t keep me waiting).
Before the adjournment, state prosecutor Billy Downer told the court the state was allowed to use documents seized from Jacob Zuma and his attorney in raids by the Scorpions in August last year.
Downer said the state’s appeals against court orders forcing it to return documents seized from Zuma and his lawyer, Michael Hulley, meant that ”operation and execution shall be suspended”.
On Wednesday, the defence for Thint had argued that the state was in ”double contempt” of court because a 500-page KPMG forensic report contained documents taken in the August 2005 raids.
When Downer attempted to refer to the ”double contempt” accusations, Msimang interrupted him and said: ”Perhaps yesterday [Wednesday] we were getting carried away. Let’s leave that.”
Downer admitted the state was ”taking its chances” when the decision was made to prosecute Zuma. However, the state ”always” took a chance with every case. If it did not, ”there would be no court”, Downer said.
”My lord, what the state cannot do is prosecute knowing that it does not have a reasonable chance of winning its cases.” That would be ”malicious prosecution”.
Downer said there was ”a reasonable expectation” of success that the appeals against the raids would go in favour of the state.
Replying to a question from Msimang, Downer said the investigation against Zuma and Thint would not continue indefinitely. The state had completed its investigation, he added.
He said that striking the case from the roll, a move the defence was hoping for, would not help the accused. They would simply be indicted again and the same arguments and questions would resurface.
He conceded that a statement in 2003 by former National Director of Public Prosecutions Bulelani Ngcuka had prejudiced Zuma socially, but said it did not make Zuma an accused.
Ngcuka said at the time there was prima facie evidence that Zuma was guilty, but that such a case was not winnable in a court.
Downer said the final amended indictment in the corruption and fraud case would be provided on October 15.
Kemp J Kemp, for Zuma, on Thursday conceded that the National Director of Public Prosecutions Vusi Pikoli did not act unconstitutionally when he decided to prosecute Zuma.
Kemp also conceded that the extension of the investigation into Zuma and Thint was lawful. — Sapa