Zuma's date - with destiny

2006-05-07 22:07

Johannesburg - Although two TV stations and two radio stations will be in court to record the Jacob Zuma rape-trial judgment on Monday, space still will be at a premium in the court.

In Johannesburg High Court 4E to record the verdict for television viewers will be SABC2 and e.tv; Radio 702 and CapeTalk radion will be there for the benefit of radio listeners.

Apart from the 30 media representatives who already have secured their space, the national prosecuting authority (NPA) said it had received at least another 20 applications for accreditation from media houses.

If the former deputy president is found not guilty, he will collect his R20 000 bail money and walk out of the court a free man.

If he is found guilty, the sentencing and appeal process will begin.

Streets around the court will be cordoned off and security is expected to be tight.

A 31-year-old HIV-positive woman, who considers herself a lesbian, claims that on November 2 last year, Zuma raped her in the guest room of his Johannesburg home while she was staying overnight during a family crisis.

Victim claims she 'froze'

He says that, after receiving a number of sexual signals from her, including the wearing of a short skirt, he gave her a massage, removed her kanga, and they had sex in his bedroom.

She says she did not scream or resist because she "froze", an explanation supported by a trauma specialist, but later questioned by a forensic psychologist.

After weeks of frenzied media speculation, Zuma, who is 64, was charged in a low-key court appearance on December 6.

The trial began on February 13 and, after false starts regarding the suitability of judges, Mr Justice Willem van der Merwe finally took control of the case that has gripped the nation.

It has dominated news headlines and opened debate on many issues, including cultural norms, sexual stereotypes, rape myths, post-traumatic stress disorder, activities in African National Congress' exile communities, and behaviour at an Anglican pastors' training college.

Zuma, who also is deputy president of the ANC, says the charge is part of a political conspiracy to remove him as a candidate for South Africa's next president.

Low conviction rate for rape

He is awaiting trial on corruption charges emanating from the fraud and corruption conviction of his financial adviser, Schabir Shaik, a bidder in the controversial multibillion-rand arms deal.

Delphine Serumaga of the "One in Nine" rape-awareness campaign said the woman at the centre of the trial "would just like to see this move on".

Serumaga said: "She is still strong and still standing to her word."

It is not clear whether she will be in court on Monday, but she has agreed to answer written questions, facilitated by prosecutor Charin de Beer.

Serumaga said that on Monday, the "One in Nine" campaign's focus would shift from the low reporting of rape, to the low conviction rate.

She was happy about the awareness of rape their campaign had created.

"A lot of people paid attention. It made the debate more robust and people are thinking about these issues."

A relaxed Michael Hulley - Zuma's attorney - joked that he would have a crate of Moet et Chandon champagne on ice for Monday.

"Seriously, we feel we have done all that we can. That was our duty, and that is what we have done."

If Zuma was found guilty, said Hulley, the legal team would study the judgment before deciding how to proceed.

"Out of respect for the courts, we would have to look at it," he said.

Rhodes University's dean of law, Professor Rob Midgley, said that if Zuma was found not guilty, and had not violated his bail conditions, he would get his bail money back immediately and would be free to leave.

The State could take the unusual step of appealing the verdict, but Zuma still would be free.

If he was found guilty, there would be a postponement for the prosecution and the defence to prepare argument for sentencing.

Appeals could go all the way

The State would show any previous convictions and highlight aggravating circumstances in support of an appropriate sentence.

If he was fined, he would be free to leave once the fine was paid.

If he was sentenced to imprisonment, said Midgley, Zuma would be taken into custody and his lawyers could then note their intention to seek leave to appeal and ask for his bail to be extended.

The appeal process could take the matter as far as the Supreme Court of Appeal in Bloemfontein and, if there was a constitutional point, back to Johannesburg for a Constitutional Court application.

All that is left is for Judge van der Merwe to pronounce the fateful words, "Not guilty" or "Guilty".

- SAPA