The Sunday Independent

State’s case against Zuma may be weak, says analyst

MANYANE MANYANE manyane.manyane@inl.co.za

POLITICAL analysts and law experts believe the state doesn’t have a strong case against former president Jacob Zuma, adding that his rights have been violated in the current fraud and corruption case against him.

Zuma is accused of receiving 791 payments worth R4.1 million between 1995 and 2004 from his former financial adviser and convicted fraudster, Schabir Shaik, to protect Thales South Africa (Pty) Ltd, from investigations relating to the 1999 multibillion-rand arms deal.

The matter was supposed to go to trial in May but has since been postponed to July 19.

Since last month, the former president has been seeking the removal of the lead prosecutor Billy Downer, saying he should not be entitled to prosecute him.

However, many have said this was Zuma’s strategy to delay the proceedings in the court as the matter should have gone to trial in May.

Human rights lawyer Richard Spoor said although the state case against Zuma was not strong, he doubted that Downer would be removed.

“The decision to charge Shaik earlier has created a mess in this case. How are they going to prove the link between Thales and Zuma, while the middleman (Shaik) is no longer there?” asked Spoor.

“You see, over the years there have been numerous applications to stop prosecution and none of them were successful. And that reflects on the quality of the legal representation that has been advising the former president. There’s no way they can lose cases in a row. I think there’s a problem with the quality of representation.”

But Professor Sipho Seepe believes Zuma’s rights had been violated in the case. “There appears little doubt that this case has become political. It (South Africa) was, after all, described as a country that has leaped from one crisis to the next. The obsession with Zuma stands in glaring contrast in how cases or allegations involving his political opponents are treated. Any delay is a delay of justice. Zuma’s rights are violated as a result,” he said.

However, Professor Sethulego Matebesi said although Zuma has been using his democratic right to contest the legal issues raised in the court to his advantage, this was a tactic to delay the proceedings.

This week, Zuma has demanded that he should be acquitted from his fraud and corruption case because the state has lost “constitutional legitimacy” to present evidence against him as the leading prosecutor Billy Downer lacks “independence and impartiality” to conduct a lawful prosecution.

He said this had violated his fair trial rights. “I must therefore be acquitted because there was no evidence that the state may lawfully present in a court for me to answer as a consequence of the state losing title to prosecute,” said Zuma.

He said he was also advised that he is entitled to cross-examine Downer or any National Prosecuting Authority (NPA) official on the criminal conduct or prosecutorial violations on which he contends that Downer lacks the necessary title to prosecute.

“I am advised to apply for the court to direct an evidentiary hearing on the question of title to prosecute to the extent that I contend for its wider constitutional interpretation. I am advised that in such an evidentiary hearing, I would also be entitled to place evidence on which I contend that my fair trial rights and related constitutional rights have been violated by acts of prosecutorial misconduct - the nature of which is inconsistent with the title to prosecute and the basis on which I contend that Mr Downer must be removed as a prosecutor of my case on the basis that there is objective evidence that he lacks the rights or title assigned by the constitution and NPA Act to a prosecutor to conduct a lawful prosecution,” he said.

Zuma, who was also replying to Downer’s argument, added that he wants to place evidence before the court, which the NPA will, naturally, be entitled to cross-examine on the question of title to prosecute.

METRO

en-za

2021-06-13T07:00:00.0000000Z

2021-06-13T07:00:00.0000000Z

https://thesundayindependent.pressreader.com/article/281741272364938

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