Zuma 'may have confused signs'

2006-03-08 22:49

Johannesburg - The woman whom former deputy president Jacob Zuma allegedly raped conceded on Wednesday he could have gained the impression that she did not object to his advances.

Zuma's lawyer, Kemp J Kemp, was cross-examining the complainant in Johannesburg High Court on Wednesday.

The woman has been nicknamed Khwezi (star) by a women's group called One in Nine, who are at court to support her.

He asked why she did not stop Zuma when he massaged her and forced her legs open, or why she did not tell him to stop while he allegedly was raping her.

"He could have thought you were not objecting to this whole process?" Kemp asked her during cross-examination.

She replied: "He could have."

The woman earlier told the court she was "shit scared" when she realised what was about to happen.

"I couldn't talk, I couldn't move, I couldn't do anything," she said.

Zuma admits to consensual sex

She had told him to stop more than once while he was massaging her before the alleged rape took place at his Johannesburg home on November 2 2005.

Zuma has admitted to consensual sex with the woman, but denies raping her.

She said Zuma had come to her room after the alleged rape wearing full-length pyjamas.

After asking whether she was sleeping, he told her to see him before she left. He also asked whether she had transport money.

Kemp asked: "Why didn't you say to him: 'Why did you do this? Why did you rape me, you dog?' Or whatever you wanted to say?"

She replied: "At that time, I was still in a daze."

Later in the proceedings, after she had said several times she was shocked and dazed after the alleged rape, Kemp asked: "Do you know whether in your daze you co-operated with sexual intercourse or wasn't it such a bad daze?"

Zuma had contacted her

She repeated: "I was shocked and stiff."

She told the court the first time she had heard Zuma believed he had consensual sex with her was when she read about it in the newspapers while in the witness-protection programme.

She also said Zuma had contacted her while in witness-protection and her minder had told her to take the call.

He had phoned to set up a meeting with her and her mother to discuss the matter.

Even though she said she would meet him, she told the court she had lied to him as she did not intend doing so.

About this time, her mother and KwaZulu-Natal finance MEC Zweli Mkhize had discussed possible compensation, including the payment of her tuition fees.

Funding for her homoeopathy studies

Her mother told her that Mkhize, who was trying to mediate between the two parties, thought Zuma must pay for what he had done.

Her mother told her she did not know if there was compensation for rape in the Zulu culture.

Earlier this week, the woman had told the court he had offered to help find funding for her homoeopathy studies in London.

However, Zuma could not get the money before the course began.

The woman was once again questioned on the reasons she contacted Intelligence Minister Ronnie Kasrils after the alleged rape.

He asked her if she knew that, at the time she went into witness-protection, intelligence director-general Billy Masetlha had been fired for "conduct considered pro the accused".

Didn't speak to her half-sister

She said she knew there was something going on, but did not know the details.

She repeated earlier testimony that she did not know if Kasrils was in Zuma's camp.

She also said she did not speak to her half-sister, who also worked in intelligence, about the matter.

Kemp said to her he found it highly improbable that she did not care to establish in which camp Kasrils was.

"My concern was not about politics," she said.

Kemp said one of Zuma's first reactions when he found out about the charge was that "there are political forces at play".

Kemp also questioned her about a number of events she had left out of the statement she made to the police, but mentioned in court.

These included her visit to Zuma in his study before the alleged rape, and Zuma telling her that even though she was HIV-positive it did not mean that she did not have sexual needs.

Ejaculation under scrutiny

She also told the court she did not know why Zuma had asked her if he should ejaculate inside her or not.

Kemp said a man would generally ask this of a woman to establish whether or not she was likely to fall pregnant.

"Such a question indicates a measure of trust in your partner. The question can only be of use if the person asking it expects a truthful answer," Kemp told her.

Another reason for the question was to establish whether the woman was sexually satisfied.

However, the woman disagreed, saying Zuma had not asked her when he could ejaculate, but if he could ejaculate inside her.

Had she said no to Zuma during the intercourse, Kemp told the woman, he would have asked her why she did not say "no" louder, or even shout.

Said she was 'delicious'

Asked whether she was aware there was a uniformed policeman on the property the night of the incident, she said there was.

Zuma contends that during the incident he whispered terms of endearment to her. He also said: "You are delicious."

She did not recall that. All she remembered him saying was that she was "a real lady".

When she woke at 05:00, she took a shower, collected her things, packed a cooler bag in the kitchen and phoned Swaziland from the landline in Zuma's house.

Cross-examination continues.

- SAPA