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Zuma: State sets limits
23/08/2007 17:59 - (SA)
Pretoria - African National Congress deputy president Jacob Zuma does not have the right to look over the shoulder of investigators all along the way, lawyers for the State argued in the Pretoria High Court on Thursday.
Zuma brought an application to stop the national director of public prosecutions extending an investigation to the United Kingdom.
On Thursday, however, the arguments revolved around the technical legal issue of whether he should be allowed to challenge a request for international assistance sought by the NDPP.
At the end of March, the NDPP brought an ex-parte application for permission to approach banks and solicitors in the UK with a view to the possible reinstating of fraud and corruption charges against Zuma.
Zuma only became aware of the application after Judge Ben du Plessis ratified a letter of request for international assistance from Leonard McCarthy, the NDPP.
'This is a true investigation'
On Thursday his legal counsel Advocate Kemp J Kemp SC argued that he should have been notified about the application.
"It's about seeking to prosecute Mr Zuma - how can a potential accused not have an interest," Kemp asked.
Lawyers for the State argued that the application was only brought as part of a process of information gathering.
"This is a true investigation, it might lead somewhere it might lead nowhere," Advocate Billy Downer SC said.
The State argued that should the information gathered become evidence at a later possible trial, Zuma would then be able to challenge it.
The NDPP wants the assistance of the manager of Barclays Bank in London, where the account of solicitors Berwin Leighton Paisner is held.
It also wants to approach the solicitors about details of a payment made in August 2001 from their bank account to an entity in South Africa named Cay Nominees Ltd.
The NDPP argues that the payment might have been paid as a bribe.
Judgment was reserved.
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