Zuma raids 'unusual'
2005-08-19 13:57
Durban - Thursday's Scorpion raids on former president Jacob Zuma's lawyers and the Union Buildings was "highly unusual" but not illegal, says a law professor from the University of KwaZulu-Natal.
"However, in executing the search, parts of their conduct may be challenged," said Professor Robin Palmer.
The Scorpions swooped on the homes and offices on Thursday of several people linked to Zuma, who goes on trial for corruption in October.
Palmer said: "What this means is that nobody is above the law and the Union Buildings does not have special status."
The question which should be asked was whether the Scorpions investigated everyone "without fear or favour" or whether there was "selective prosecution".
Many scandals
In the context of many scandals in South Africa the Zuma case was "small fry", but big in the sense that he was the deputy president.
"But what about the R11m clearly misappropriated in the 'Oilgate' scandal? That is clear corruption on the face of it."
Palmer's comments came as Zuma's personal lawyer Julie Mohamed on Friday morning waited to receive the affidavit upon which the search warrant was obtained giving the Scorpions access to her home and office in Johannesburg.
"What drastic information did they require to justify the breach of attorney-client privilege? My other client's files, who have nothing to do with Zuma, were also perused page by page and attached," Mahomed said.
"I'm simply outraged."
After obtaining all the necessary information she would decide on what action to take.
A matter of grave concern
Edward Ngubane, president of the Black Lawyers Association, said the raids on attorneys offices were "of grave concern".
"The general rule is that information between a client and attorney is privileged," said Ngubane.
However, he said searches were allowed if the attorney was suspected of a crime.
Rhodes University dean of law Rob Midgley said under the Criminal Procedure Act and the Rules of Evidence investigators are allowed to continue gathering evidence after charges are laid and right through the trial.
In response to opinion that the raids should have been conducted before Zuma was charged, Midgley explained that the Directorate of Public Prosecutions could charge someone as soon as it had sufficient evidence to do so, and then continue investigating.
"The final cut-off point for producing new evidence is when the verdict is reached."
Schabir Shaik's brother, Mo, said the functions and transformation of the National Prosecuting Authority, which controls the Scorpions who carried out the raids, should be debated.
"Has the FBI (US Federal Bureau of Investigation) ever raided the White House or the police number 10 Downing Street (home of the British prime minister)?" he asked.
NPA spokesperson Makhosini Nkosi said there were no further raids on Friday and would not comment further on the matter.
- SAPA