Let people hear spy tapes: Zuma
FORMER president Jacob Zuma said the so-called spy tapes needed to be made available to the public so that people could hear for themselves the “political conspiracy behind the bid to prosecute him”.
Addressing thousands of supporters outside the Durban High Court yesterday, soon after Judge Themba Sishi had postponed his case to June 8, he said the charges of corruption against him were an attempt to silence him from promoting radical economic transformation.
He said Judge Chris Nicholson in 2009 in the Pietermaritzburg High Court withdrew charges against him after the discovery of the spy tapes. The spy tapes contain conversations between Leonard McCarthy and former National Prosecuting Authority (NPA) boss Bulelani Ngcuka, providing evidence, according to the NPA, of collusion against Zuma between former NPA officials and former president Thabo Mbeki.
“Those tapes say a lot, I wish the court could one day allow the country to listen to these tapes because they led prosecutors to withdraw the case, they were wrong to conspire against me,” he said. Zuma said he would challenge the decision by NPA boss Shaun Abrahams to reinstate charges against him.
“These charged have been reinstated for political reasons.
“Opposition parties, because of their serious lack of politics don’t know how to win debates in Parliament and they are using courts to drive their agenda.
“For more than 10 years they have been saying ‘we want this case reinstated’,” he said.
He thanked ANC structures in KwaZulu-Natal – the ANC Youth League and ANC Women’s League – for coming out in numbers to support him in defiance of the party leadership, which issued instructions that the party and its regalia should not be associated with his support.
“I would like to thank Premier (Willies) Mchunu for his presence. I would like to thank the ANCWL and youth for their presence. I would like to thank you like I thanked you many years ago,” he said.
WHILE supporters cheered as the man they regard as their leader arrived at the Durban High Court yesterday, Jacob Zuma put on a brave front by smiling back.
But sitting alone in the dock in Court A, waiting for Judge Themba Sishi to start proceedings, he was visibly tense, fiddling with his hands on his lap, bowing his head, and even clasping his hands to his face.
Exactly nine years after charges were dropped against him, Zuma’s appearance was short and sweet. It took barely 15 minutes before the case was postponed to June 8, and it appeared it might be a long and drawn-out battle.
As the crowds gathered outside waiting for Zuma to arrive, several of his guards had already positioned themselves around the dock.
It was clear they and the police were not taking any security risks. Sniffer dogs were brought into the courtroom at about 7am.
The public and the media were allowed inside the court at 9am.
Among the Zuma supporters in the public gallery were Des van Rooyen, former SABC boss Hlaudi Motsoeneng and KZN Premier Willies Mchunu.
As the man himself walked in at 9.25am, the packed gallery chanted his name. Dressed in a dark suit, white shirt and red tie, Zuma turned to them and gave a slight wave.
The media were given five minutes to take pictures of him before the judge entered, and Zuma endured this with a stiff smile.
He did not take much notice of his co-accused, Madame Christene Guerrier, from Paris. She will represent Thales, the French company which is facing criminal charges alongside Zuma. But when the court adjourned, Zuma exchanged a few pleasantries with Guerrier, who had a fearful expression on her face throughout the short proceedings.
Veteran advocate Billy Downer, the man who brought down Schabir Shaik, told the judge that this was in essence a continuation of the 2009 court roll, when the matter against Zuma was withdrawn.
Downer said that as a result of this year’s Supreme Court of Appeal judgment of Zuma vs the NDPP and DA, the matter was re-enrolled. He said Zuma came before court by way of summons and that he was thus properly before court.
“The State is ready to proceed with the trial, but first the State must give the defence a copy of the docket and further particulars. This will be done shortly,” Downer said.
He told the judge the trial could start on November 12, because there was space on the criminal roll from then.
Confidant
Downer said the matter would for now, and by agreement with the defence, be postponed to June 8, because they were informed that Zuma first wanted to bring review proceedings to set aside his prosecution.
Zuma will be defended by ace senior advocate Kemp J Kemp, who had been his confidant and legal counsel for many years. Kemp was not at court yesterday, but Zuma was represented by advocate Gani Hussein for purposes of his first appearance.
Hussein confirmed they would launch their review proceedings by May 15. He said this may result in further postponements, but he said this issue would be discussed later.
He said the defence would be in a better position by June 8 to map the way forward.
Advocate Anton Katz SC, who appeared for Thales, said the French company would make representations to the Directorate of Public Prosecutions regarding the charges it faced. He said they would do this as soon as possible and hoped to have answers in this regard by June 8.
Zuma’s lawyer, Michael Hulley, said he was not yet sure where they would launch their review application – in Durban or Pretoria – but he gave the assurance that it would go ahead.
Zuma also first wanted clarity on who would foot his legal bill, especially in light of the DA’s pending application that he had to pay his legal fees himself.
The review application could drag out his criminal trial, especially if the court ruled against him. This could result in appeal proceedings and the matter may even eventually end up in the Constitutional Court.