Irrelevant 'where rape occurred'
2006-05-08 13:38
Johannesburg - It was irrelevant where the rape alleged in the Jacob Zuma case happened - both Zuma's own bedroom and the guest room would have been equally convenient, Judge Willem van der Merwe said on Monday.
Van der Merwe was summing up Zuma's evidence in the Johannesburg high Court.
A uniformed policeman, and Zuma's daughter Duduzile, were close by in both cases. The chance of Zuma and the complainant being "caught" would have been just as big in either of the rooms.
He said Zuma's case did sound better, though, when saying that consensual sex took place in his bedroom.
Van der Merwe said that Zuma had told the court the rape charge had been "very damaging" to his image.
He met the woman when she was a child in Swaziland while they were both in exile. He denied the two had a father-daughter relationship as she had testified.
He also denied referring to her as his daughter and said that while the woman was overseas he was never in contact with her. However, this would have been different if she had been one of his daughters.
He conceded the two had discussions about the woman needing a boyfriend on two occasions, but he said she had started these discussions.
He said he would never have had such a conversation with one of his daughters.
'Love, hugs and kisses'
He said that in the two months leading to the alleged rape on November 2, the woman started contacting him more frequently and ended her SMSes with "love, hugs and kisses".
He said on November 2 the woman told him a relative had been bitten by a snake in Swaziland and she was going to see him. Zuma urged her to go the next week.
Later she phoned Zuma and said she was not going. She asked Zuma if she could go over to his house because she had something to discuss with him.
He said after supper, his daughter took a woman home, and the alleged victim told him she was spending the night.
He said the woman visited him in his study, only dressed in a kanga (wrap). He had never seen her dressed like this before.
However, he also referred to her wearing a short skirt and sitting with her legs apart. This, Zuma testified, showed him that there was more to their relationship.
Van der Merwe also referred to the fact that Zuma said men had less chance of contracting HIV when having unprotected sex with an infected woman.
Zuma was aware of the alleged victim's HIV status, but also said he knew his was negative.
The State criticised Zuma for having unprotected sex with an HIV-positive woman and putting himself and his wives at risk through that.
Van der Merwe also covered certain aspects of testimony by witnesses called by the defence.
These included Duduzile, who was suspicious that the woman wanted money from Zuma and was attempting to entice him, as well as church people who testified that she had accused them of rape.
- SAPA