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Jaco
b Zuma's corruption trial, with all its political
repercussions, was postponed until September 5 in the
Pietermaritzburg High Court on Monday.
This would allow the State to work through four "voluminous"
lever-arch files the defence filed on Monday in response to the
State's request for a postponement. In less than two hours Judge
Herbert Msimang adjourned the trial to allow the defence and the
State time to prepare replies and heads of argument.
Kemp J Kemp, representing Zuma, filed a counter application for a
permanent stay of prosecution, or that the case be struck off the
roll.
Kessie Naidu, for Zuma's co-accused, the French arms company Thint,
also filed an application for a permanent stay of prosecution, due
to the violation of his client's constitutional rights through
"unreasonable delays".
After court adjourned, Cosatu general secretary Zwelinzima Vavi, a
Zuma supporter, said: "It is regrettable that this cannot proceed,
we cannot understand this diversion. They had six years of
investigation... it's crazy."
National Prosecuting Authority (NPA) spokesman Makhosini Nkosi
said: "It would obviously put more pressure on the prosecution team
which already has a lot to deal with, but we understand and respect
the judge's decision."
Zuma, who is deputy president of the ANC, faces two charges of
corruption. Thint is accused of having offered him a bribe of R500
000 a year in exchange for his silence during a probe into the
country's multi-billion rand arms deal. Msimang did not accept
prosecutor Wim Trengove's assertion that the trial be postponed
till September 11 because colleague Anton Steynberg and lead
prosecutor Billy Downer would be overseas at a conference until
September 8. "This matter we all know has an influence on our
society. You say it must be held over because somebody is attending
a conference abroad?" he asked incredulously.
Msimang ruled that the State would have until August 14 to respond
to the defence's application, and the defence should then file a
response by August 21. The State would file its heads of argument
by August 28 and the defence would file its heads of argument by
August 31.
During proceedings Zuma sat alongside Pierre Moynot of Thint.
Zuma wore a turquoise-grey suit and looked relaxed, smiling and
chatting to his lawyers.
When Zuma left the court he was flanked by Vavi, African National
Congress general secretary Kgalema Motlanthe,KwaZulu-Natal premier
S'bu Ndebele, former ANC chief whip Tony Yengeni and SA Communist
Party president Blade Nzimande.
Outside the court, thousands of his supporters jumped up and down
and sang. He was led to a seat in a tent erected in the middle of
Church Street and, with his hands clasped, sat next to
Ndebele.
Taking the nearby stage, Vavi accused the NPA of collaborating with
the media. "The NPA mobilised the media against JZ (Zuma). They
intensified a collaboration so that they could launch a media
trial."
He said that when the NPA first laid charges it appeared that it
had no evidence. He repeated Cosatu's view that there "may be"
other people who acted corruptly in the arms deal and said the
organisation would urge for a new investigation "to determine who
were the real beneficiaries".
Vavi said: "We will be here on the fifth of September, in even
bigger numbers."
Some Zuma supporters climbed trees for a better view, while a
police helicopter circled overhead. Some had spent the night at a
vigil for Zuma.
Nzimande joined Vavi's criticism of the media saying: "The media
have taken a side.
"We are not going to allow the media to choose the president of
this country," he said to roars of approval.
"These so-called analysts, there are hundreds of them being rolled
out to insult Jacob Zuma... We are saying that must come to an end.
We don't even have a single left wing newspaper in this country.
The media are increasingly expressing the interests of the rich".
Zuma took to the stage surrounded by bodyguards, and thanked his
supporters for their behaviour outside court. "... you know how
this country should be governed. You know that other people's
rights have to be protected. I have hopes that this country will be
a better place because you stand for what you believe in."
Referring to his trial he said: "... there are matters that I
cannot talk about. I have to be careful of what I say because I may
be held in contempt of court."
Zuma said he was not happy about the way his case had been treated
by the State. "Those who were in charge previously said
there is prima facie evidence against me and they cannot prosecute.
Those who are in charge now say there is enough evidence to
prosecute, but they say it's not strong enough."
He then sang his trademark song "Leth' umshini Wami", as the crowd
and VIPs sang and danced. Amakhosi in traditional leopard skin also
danced for the crowd.
Briefing the media, Motlanthe said that Zuma was supported by the
entire ANC, and dismissed speculation that only a faction supported
the deputy president. "The ANC is united... All members of the ANC
support Zuma in his hour of trials and tribulations.
"People feel he was treated unfairly. We would have been terribly
worried if they felt that way and stayed away," he said.
Zuma's nephew Michael, reacting to the adjournment said: "I wasn't
happy that they (the State) were looking to postpone it again for
such a long time."
Police spokesman Superintendent Joshua Gwala said no incidents were
reported during the rally outside the court. Classes at some
colleges in central Pietermaritzburg were cancelled due to the
trial. The streets were clogged with traffic as Zuma's supporters
dispersed.