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News | National | Courts

Constitutional Court deals blow to Zuma

JOHANNESBURG, SOUTH AFRICA Jul 31 2008 11:32
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A Constitutional Court challenge by African National Congress president Jacob Zuma has failed.

Zuma, together with his lawyer, Michael Hulley, and arms company Thint had contested the lawfulness of search-and-seizure operations at their premises.

"All the applicants' challenges to the search-and-seizure operations failed," Chief Justice Pius Langa found in a majority judgement handed down on Thursday.

"Accordingly, the orders of the Supreme Court of Appeal are upheld."

Zuma and Thint also lost their bid to prevent the state from bringing original documents from Mauritius to South Africa for use in their corruption trial.

While the Durban High Court previously upheld a challenge by Zuma and Hulley against the search and seizures, the Pretoria High Court ruled against a similar challenge by Thint. However, the Supreme Court of Appeals later ruled that the search-and-seizure warrants were valid and ordered that the state could retain the seized items.

Zuma then petitioned the Constitutional Court. It was argued that the warrants were too broad and were an invasion of privacy.

The state wants to use the documents against Zuma and two Thint companies in its fraud and money-laundering trial.

'Out of time'
Meanwhile, Zuma should have complained a lot sooner than he did if he believed the national director of public prosecutions (NDPP) had violated his constitutional rights. This is according to the heads of argument filed by the state in the Pietermaritzburg High Court on Wednesday afternoon.

CONTINUES BELOW


Zuma claims that the National Prosecuting Authority (NPA) was obliged in terms of the Constitution and the National Prosecuting Authority Act of 1998 to give him the opportunity to make representations before it decided to prosecute him in 2005 and 2007.

He also claims that the decision to prosecute him was a reversal of a decision taken by former NDPP Bulelani Ngcuka, who announced in August 2003 that he had a prima facie case against Zuma, but would not be prosecuting him.

The state asked why Zuma was only in 2008 questioning the decision of suspended prosecutions boss Vusi Pikoli, who opted to prosecute Zuma following the conviction of Durban businessman Schabir Shaik in August 2005.

"We submit at the outset that the court should decline to review the Pikoli decision because it has become moot and the application for its review is out of time."

It also emerged that Zuma's lawyer, Michael Hulley, had written to the NPA on October 11 2007, requesting "an opportunity to be heard". The state contends that Hulley had been told that he would not be able to make representations.

"When the acting NDPP [Mokotedi Mpshe] declined their request in his reply of October 12 2007, they did not protest as they would have done if they had any real expectation of a hearing."

Zuma was charged on December 28 2007.

He faces a charge of racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud.

Judge Chris Nicholson will preside over Zuma's application to have the decision to prosecute him declared unlawful.

The application will be heard in the Pietermaritzburg High Court on Monday and Tuesday. -- Sapa
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The Constitutional Court has upheld the orders of the Supreme Court of Appeal for Zuma, together with his lawyer Michael Hulley and arms company Thint had contested the lawfulness of search and seizure operations at their premises. This started at the high court, the Supreme Court of Appeal and lastly the Constitutional Court. Can someone still believe that there is a political conspiracy against our “would be president”? How is this possible that one man can conspire with the rest of the judges in the three spheres of the judiciary?
Zuma made it clear that he want his day in court and this is a coincident that he is finally getting his day in court. To the uninformed people on the street, this is the man who was appealing each and every case he looses, and when there is a delay he will say his case has been dragging on for a very long time. The honorable thing for Zuma to do is allow the justice to follow its due processes while at the same time is being afforded the necessary legal aid to defend himself in the court of law. Zuma, please note that you CAN NOT ATTACK THE JUDICIARY, WHILE CONDEMING THE XENOPHOBIC ATTACK AT THE SAME TIME. This is the same two scenarios but affecting two different people. While I understand your struggle for the liberation of this country, please note that the struggle was not about the abuse of power. Please face the music. This country does not need the president of your caliber. You are not setting a very GGO example to the youth and the citizen of this country.
Masese Madigoe on July 31, 2008, 12:15 pm
I think this is the starting if not the climax of the political war between those who see Zuma as the future President and those who reject his possible presidency. This is a war between those who want to maintain their business interests and those who advocate workers'interests. It appears that the prophets of doom rely heavily on the state institutions to fulfill their prophecy. On the other hands, those who embrace Zuma as the true representative of the workers and the economically deprived, see the court case as the ongoing political conspiracy agaisnt their future president. I doubt if this counrty will be at peace until this dichotomy is resolved. The ANC can never be at war against each other. If it allows this to happens, it will perish. This may not be seen now, but in the near future it will count against the organisation.Signs of a breakaway are now becoming strong.Come Monday 4, Tuesday 5 and Wednesday 6. See a different South Africa. It may shock or excite you. Who knows.
Harris Qhawe Xaba on July 31, 2008, 9:33 pm
The only correct verdict for Mr Zuma has to be a Not-guilty verdict. This is the real impression his supporters are projecting.

Please people, do not make a mockery of our judicial system by dictating to the courts to find Mr Zuma not guilty. Allow the process to run its course.

Frank ( Centurion)

frank rushein on August 1, 2008, 2:49 pm
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