Zuma keeping all his legal options open 
28 January 2009

February looks set to be a busy one for African National Congress president Jacob Zuma in his legal battle to fend off fraud and corruption charges.  Zuma’s lawyer, Michael Hulley, said that Zuma’s legal team was “trying to find agreement” with the National Prosecuting Authority (NPA) on a set of dates for Zuma’s future court appearances and the “aspect of representations”. This was a reference to representations Zuma might make to the NPA about its decision to charge him.

In January the Supreme Court of Appeal overturned a previous high court order setting aside the NPA’s decision to prosecute Zuma.  The effect of the appeal court judgment was that the charges of fraud, corruption, racketeering and money laundering against Zuma were reinstated.

There are three legal routes Zuma’s legal team has indicated it could pursue: firstly, to appeal to the Constitutional Court against the appeal court judgment; secondly, to apply to the high court for a permanent stay of prosecution; and thirdly, to stand trial. Zuma’s lawyers have said he intended to appeal to the Constitutional Court. In terms of the rules of the Constitutional Court, Zuma has until 2 February 2009 to file his appeal.

Court dates for the other two options — applying for a permanent stay of prosecution or standing trial — will be discussed before Durban High Court Judge Leona Theron on 4 February 2009.  But KwaZulu-Natal Judge President Vuka Tshabalala’s office confirmed that this appearance was only a “holding date” to “map out future appearances”.  Tshabalala’s registrar, Eileen Fish, said this did not mean Theron would preside over any further court appearances involving Zuma. Before Judge Chris Nicholson’s judgment was overturned in scathing terms by the appeal court, it was understood that Nicholson would preside in any further cases concerning Zuma. But legal experts say this would be unlikely now.

Outside the court arena, Zuma’s lawyers are “in discussion” with the NPA. Spokesman Tlali Tlali said the discussions involved “time frames” in respect of further applications.  Tlali said that Zuma had indicated that he was not in a position to make representations, and that he “did not commit to any further specific date”.

 Franny Rabkin, www.businessday.co.za