The state’s premature attempt to gather evidence violates African National Congress deputy president Jacob Zuma’s right to a fair trial, the Supreme Court of Appeal heard on Friday.
The Durban High Court had acted outside its jurisdiction when it issued a letter of request for documents from Mauritius the state wants for a possible corruption trial against Zuma, his counsel Kemp J Kemp said.
Kemp argued that the letter of request for the documents was for evidence. ”Why not follow the normal route?” he asked.
He also argued that the high court had acted outside its jurisdiction. ”In essence, we submit that the court … did not have jurisdiction to issue the letter of request.”
Kemp said evidence should only be gathered when a possible trial against his client has started. ”There is no trial. The respondent’s case [the state] is that there may never be a trial.”
He submitted that the state’s attempt to gather evidence now violates Zuma’s right to a general fair trial.
Zuma and French arms company Thint appealed against the Durban High Court decision to issue a letter of request to get the originals of 14 documents in Mauritian authorities’ possession.
It is linked to the state’s investigation against Zuma for possible corruption charges related to the controversial arms deal.
Part of the documents sought is the diary of Alain Thetard, former head of Thint in South Africa. It allegedly contains a meeting between Zuma, Thetard and the imprisoned Schabir Shaik, where a bribe was negotiated.
Zuma was not present in court in Bloemfontein and the case continues. — Sapa