Zuma set to drag out legal process

According to a report on the Mail & Guardian Online site, the Durban High Court approved a bid by prosecutors to request documents that Mauritian authorities seized from a local branch of a French arms contractor and which they believe could show Zuma was involved in a bribe scheme. Once seen as the front-runner to succeed President Thabo Mbeki in 2009, Zuma was fired as Mbeki\'s deputy after he was implicated in the corruption trial of his former financial aide, Schabir Shaik. Among the documents that the National Prosecuting Authority (NPA) wants is a diary in which a former head of the French firm, Thint, made a note of a meeting he allegedly had with Zuma and Shaik agreeing a bribe for Zuma. Full report on the Mail & Guardian Online site

The NPA has welcomed Judge Phillip Levensohn’s decision. A report on the Sunday Times site quotes the NPA as saying: ‘We are pleased that the judge has cleared the way for us to finalise this part of the investigation and will do so as soon as possible.’ They were also pleased that ‘he confirmed the original letter of request to the Mauritian documents was, prima facie, lawful and properly made.’ Full report on the Sunday Times site

In his judgment, Levensohn rejected Zuma and Thint\'s assertion that legal proceedings against them were still pending and the NPA was still bound by a March 2006 order issued by Judge Pete Combrinck that any letter of request would have to be granted by a trial judge. According to a report on the IoL site, in September, Judge Herbert Msimang struck the case against Zuma and Thint from the roll, after the State had sought a postponement pending the outcome of Shaik\'s appeal against his fraud and corruption conviction, and a challenge to the search and seizure raids carried out on Zuma, his attorneys and Thint. ‘I reject this submission,’ said Levensohn. ‘In my view when a case is struck off the roll prior to plea the criminal proceedings pending are terminated.’ Levensohn also rejected Thint and Zuma\'s assertion that the State was not seeking the information for use in an investigation as described in terms of the International Co-operation in Criminal Matters Act. The defence had asserted that the original request to Mauritius for the documents in 2001 was ‘legally flawed’. Levensohn said: ‘In my judgment this is a matter which should be ventilated in Mauritius before its High Court. There would be much to be said for the view that the attack on the search and seizure of 2001 comes very belatedly.’ Full report on the IoL site

His legal team say the former Deputy President will fight back. And, The Star reports, they insist that Zuma’s continued legal challenges to the State\'s probe into his financial affairs were not delaying tactics. Speaking after the ruling, lawyer Michael Hulley said: ‘With the greatest respect, this judgment is clearly wrong.’ The 13 documents are vital to the state\'s continued investigation into corruption and money-laundering allegations against the politician and the French arms company. Hulley confirmed that he had met with a ‘disappointed’ Zuma, who had instructed him to seek the right to challenge the decision. Full report in The Star

However, the State may make an immediate application for the documents before an appeal can be launched. This apparently was raised as a possibility by Robin Palmer, a law expert at the University of KwaZulu-Natal. And according to an SABC News report, spokesperson Panyaza Lesufi said the NPA was already hard at work trying to get hold of the documents. ‘….Our team was hard at work immediately after the judgement to ensure that the necessary paperwork and documentation is admitted to the Mauritiun Government.’ Lesufi added that they have not received any formal notification that there is going to be an appeal against the judgment. Full SABC News report