One of Jacob Zuma’s attorneys has rejected an out-of-court settlement offer by the state over search-and-seizure warrants executed by the Scorpions in their investigation of the former deputy president.
In papers filed at the Supreme Court of Appeal, the attorneys for Julie Mahomed said they had discussed the state’s offer with her on Monday and their instructions were that the appeal will proceed on August 27.
Mahomed acted as Zuma’s attorney from time to time.
Two of about 20 search-and-seizure warrants obtained by the National Prosecuting Authority (NPA) to search the premises of Zuma, his other attorney Michael Hulley, and Mahomed, had been for her office and home.
Mahomed turned to the Johannesburg High Court after the raids, and the warrants were set aside. The court declared them unlawful and ordered the state to return all documents, files, records, notes and data seized on August 18 2005.
The state appealed against that decision.
The matter would now be the first of three search-and-seizure appeal hearings, related to investigations against Zuma, the Supreme Court of Appeal will hear, starting on Monday of next week.
In the settlement offer to Mahomed, the state undertook to drop the appeal under certain conditions and pay the legal costs.
The state wanted the documents seized from Mahomed to be preserved ”for the ongoing investigation into Mr Zuma and the Thint companies and any possible future proceedings against them”.
The state also wanted a reliable record kept of everything seized, in case they were needed in future proceedings.
On Monday, the state was expected to focus their appeal in this matter on the safeguarding of the seized goods, which they want kept by the Registrar of the Johannesburg High Court.
The NPA’s case against Zuma, which was pending at the time of the search and seizures, was struck off the roll on September 20 last year by Judge Herbert Msimang in the Pietermaritzburg High Court. — Sapa