2005-10-13,+Zuma+wins+1st+round,+Scorpions+fight+for+survival,+BDay


 * Business Day, Johannesburg. Front page, 12 October 2005**

= Zuma wins first round as Scorpions fight for survival =


 * Vukani Mde**


 * Political Correspondent**

JACOB Zuma’s fight for his political life will begin in earnest next month when he returns to the Durban Magistrate’s Court to face an indictment that will include perjury and tax evasion charges.

Zuma’s lawyers wrested their first major concession from state prosecutors when they forced an undertaking from the National Prosecuting Authority (NPA) to return to court next month ready to serve an indictment and place the case on the Durban High Court roll.

This is significantly ahead of the March target the NPA had originally hoped for. Yesterday, as Zuma made a second court appearance, his defence team and the state agreed on the case against the former deputy president being adjourned for further investigation, but only until November 12, when an indictment must be served and a trial date set.

This forces Scorpions investigators to sift through a mountain of new evidence, trying to firm up the two additional charges.

Zuma already faces two provisional counts of corruption related to his relationship with Durban businessman and convicted fraud Schabir Shaik.

Michael Hulley, speaking for Zuma’s defence team, said they were “perfectly satisfied” with yesterday’s outcome. Hulley said there would be “serious consequences” if the state failed to charge Zuma next month and requested another postponement.

Sources said securing a limit on the postponement was part of Zuma’s strategy to restrict the charges against him to the two existing charges, and have the trial conclude ahead of the African National Congress’s (ANC’s) 2007 national conference, where the ANC deputy president hopes to stand for the party presidency.

His supporters have claimed the charges against him are politically motivated and designed to thwart his succession bid.

Throughout proceedings yesterday, Zuma’s advocate, Kessie Naidu, emphasised his client’s right to a speedy trial, and opposed the state’s application for a lengthy delay and a transfer of the case to the Durban High Court without a proper indictment.

Naidu’s gambit forced a retreat by prosecutor Billy Downer, who acceded to a shorter postponement and undertook to present an indictment before the magistrate next month.

Zuma himself appeared in fight-back mode, and launched a political broadside against the state’s case after yesterday’s adjournment. Speaking to thousands who had gathered outside the court to show their support, he vowed to reveal “the real reasons” behind his prosecution when his court battle ended.

Congress of South African Trade Unions general secretary Zwelinzima Vavi and South African Communist Party general secretary Blade Nzimande told the crowd the state’s attempts to postpone the matter for investigation were prejudicing Zuma’s right to a fair and speedy trial.

The race is now on for the embattled Scorpions to process a 93000-page mountain of documents within 30 days, if prosecutors hope to include perjury and tax evasion charges. Sources said this would be the state’s best hope of securing a conviction.

“Proving the two counts of corruption will involve much of the same evidence and witnesses used against Shaik, but that evidence was heavily against Shaik and not Zuma, as it suggested Shaik’s intention to corrupt,” said a source close to the prosecution.

The NPA tried to put a brave face on the latest legal setback to their case, saying the month-long postponement was a compromise acceptable to both sides. But spokesman Makhosini Nkosi conceded it had been hoping for a postponement until March.

From: http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A101050