Zuma case likely to go on hold
2006-09-18 19:20
Durban - Supporters of former deputy president Jacob Zuma may be hoping Judge Herbert Msimang will throw the corruption case out of Pietermaritzburg High Court on Wednesday, but they are likely to be disappointed.
Msimang's ruling determines only whether the State gets a postponement and for how long. The case stays before the courts.
The State has said it will have a final indictment ready by October 15 and that is when it will be ready to proceed.
It has suggested that the case start in all earnest early next year.
Another truth is that if Judge Msimang decides not to grant the State's postponement, the question will be whether it will be ready to proceed. And, in fact, would Zuma's legal team be ready to defend?
Accused of R500 000 bribe
While members of both legal teams and that of Zuma's co-accused are playing their cards close to their chest, probably none is ready to proceed.
Zuma is accused of having accepted a R500 000 a year bribe from Thint in exchange for protection from a probe into South Africa's multibillion-rand arms deal.
The two Thint companies, which are co-accused with Zuma, are the South African subsidiaries of the French arms manufacturing giant, Thales International.
If Msimang said the case should proceed immediately, the chances would be great that the State would withdraw its case and file a new indictment on October 15, when it would be ready to proceed, in any event.
It would be back to the drawing board and Msimang might not be the judge trying the case in this instance.
Strict timetable predicted
Msimang also could elect to strike it from the roll and that could result in an appeal from the State - another whole legal battle on its own.
However, this is unlikely. One lawyer following the case closely, but who asked to remain anonymous, said he believed Msimang would grant a postponement.
However, it would be to a strict timetable, keeping both the State and the accused under pressure.
Then, there is the question of when the defence for Thint and Zuma would seek their permanent stay of prosecution which they have been seeking.
During three days of argument earlier this month, the State said that it would prefer to have appeals regarding its search-and-seizure raids wrapped up before it proceeded with the case.
Its October 15 indictment depends on the evidence gathered during those raids.
State appeals against rulings
The national prosecuting authority was ordered to return documents it seized in August 2005 from Zuma, his lawyer Michael Hulley and lawyer Julie Mahomed.
Mohamed successfully challenged the raids as did Hulley and Zuma. However, the State has appealed against the rulings.
During argument on September 6, Nirmal Singh said that the State was twice in contempt of court for using the documents as part of the annexures for the 500-page forensic audit.
However, prosecutor Billy Downer said the State's appeals against court orders forcing it to return the documents meant that "operation and execution shall be suspended".
Schabir Shaik's appeal against his conviction for having a corrupt relationship with Zuma is set to be heard later this month and that could have a bearing on the State's amended indictment.
When Zuma emerged from Pietermaritzburg High Court on September 7 after three days of legal battle between the state and the defence, he said: "This time we will hear from the real judge, not those people we meet on the streets who make decisions."
Central hotels fully booked
Whatever Msimang decides, nobody is likely to be totally happy.
Thousands are expected to gather in Pietermaritzburg's Freedom Square from Tuesday night when a night vigil will be held. During Zuma's last appearance the crowd varied between 4 000 and 12 000.
Police spokesperson director Bala Naidoo said on Monday the police would be in control no matter how supporters felt about Msimang's ruling.
Pietermaritzburg's hotels near the city centre are fully booked.
- SAPA