Focus on Zuma accuser

2006-05-08 11:54

Johannesburg - Judgment in Jacob Zuma's rape trial kicked off on Monday with Judge Willem van der Merwe concentrating on his accuser's testimony and cross-examination.

Zuma sat in the dock while the judgment was delivered. His face was deadpan and he occasionally stared at the ceiling.

Zuma, 64, is accused of raping a 31-year-old HIV-positive woman in the guest bedroom of his Johannesburg home on November 2 last year. Zuma says the two had consensual sex in his bedroom.

Van der Merwe told the court his verdict would not satisfy everybody and thanked those attending the trial for the courtesy they had shown him.

He said the accuser had known Zuma since she was five years old while they were in exile in Swaziland. Her father, who died in a car accident in Zimbabwe, and Zuma were good friends.

She referred to Zuma as malume (uncle) and enjoyed spending time with him because he used to tell her stories about her father.

She was diagnosed HIV-positive in 1999.

During cross-examination Zuma's lawyer Kemp J Kemp referred to the minimal number of times the woman had contacted Zuma, and she was taxed about the fact that she did not contact him while she was in the UK. She also did tell him that she was HIV-positive when she was diagnosed with the condition.

She told Kemp that she may have not had Zuma's number. However she conceded that she could easily have got his number from the African National Congress.

In June 2005 Zuma was removed as deputy president of the country, and the complainant sent him several SMSes of support saying in one "I love you very much malume".

In July 2005 she was accepted to a UK college. Zuma attempted to get financial assistance for her, but was not able to do so by the admission date.

She testified that when she heard there was no money she was devastated and her CD4 count dropped - meaning her immune system took a knock.

Did not have a boyfriend

In August she visited Zuma's home and they spoke about the fact that she did not have a boyfriend.

She testified that he had a "question mark on his head" and she told him that he was not getting lobola any time soon.

She told him she did not have a boyfriend because none of the young men were man enough.

On November 2 the woman testified she had received a message that a relative in Swaziland had been bitten by a snake.

She tried to contact Zuma several times, and got hold of him that afternoon. She said he invited her over.

She denied she invited herself over and also denied that she asked to spend the night at Zuma's house.

She also denied that Zuma's daughter Duduzile had offered her a lift home.

They again had a conversation about a boyfriend.

She did not think it strange later that night that Zuma told her he would tuck her in as she regarded him as a father.

She denied telling Duduzile she wanted to see Zuma and this was why she was taken to his study.

She said it was Duduzile's suggestion that the two go say goodnight to Zuma.

Duduzile was dressed in her pyjamas which indicated that she was already in bed or about to go to bed, Van Der Merwe said.

Later she woke up, hearing a voice. It was Zuma, asking her if she was asleep. She mumbled that she was and rolled herself in a ball, covering her head with the duvet.

Zuma said he wanted to tuck her in and give her a massage.

She said no, but he started massaging her shoulders. He turned her around and when she opened her eyes, she saw he was naked.

He opened her legs and entered her. While having sex with her he spoke to her.

She told the court she was extremely shocked and was unable to move. After he had finished and left her room, she was still unable to move.

She testified she was unable to scream or try to get someone's attention as she was just too shocked.

Policeman was outside the house

A policeman was outside the house, not far from her bedroom.

She did not leave the house because she was still trying to make sense of what had happened and did not want to be completely alone.

The next day at work she broke down and told a colleague that Zuma had raped her.

She said she would not have had consensual sex without using a condom.

After the alleged rape, two women visited her, talking to her about the effect her rape charge against Zuma could have on her safety and the African National Council (ANC).

She said she felt under pressure because of the charge and was placed in witness protection.

The complainant conceded that she could have thrown Zuma off because there was not that big a difference in their weights.

She said she did not pull her hands away because she froze when she saw he was naked. She also could not close her legs when he pushed them apart because she was unable to move.

During cross-examination she conceded that Zuma could have mistaken her silence and that fact that she did not resist for consent.

Van der Merwe did not go into detail on her mother's testimony.

Psychometric tests

He moved on to the testimony of trauma expert Dr Merle Friedman. What was significant about her testimony, he said, was that he was not presented with any psychometric tests carried out on her. It was also obvious that Friedman did not know the whole history of the complainant's sexual past. She was obviously also not aware of the fact that the complainant previously had attended sessions at a psychiatric institution.

Friedman however said the woman's reaction during and after the alleged rape was consistent with the reactions of someone suffering from shock and trauma.

Before the tea break, Van der Merwe also dealt with the testimony of two of the complainant's friends.

Both said that she was upset and "not herself" the day after the alleged rape.

On an application being granted to the defence to question the woman on her past sexual history, the judge said it was not done to show that she was of questionable morals.

Kemp had told Van der Merwe it was fundamental to Zuma's defence as she had made previous allegations of rape and she had not done anything about these allegations as she had with Zuma.

Judgment continues.

- SAPA