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Johannesburg: South Africa's highest court on Thursday rejected ruling ANC party leader Jacob Zuma's attempt to stop seized evidence being used against him in a corruption trial.
Zuma's battle against the charges is likely to decide whether the African National Congress leader takes over from President Thabo Mbeki next year, a leadership change that concerns investors comfortable with Mbeki's pro-business tilt.
Zuma has strong ties to trade unions and the left, which are supporting him in the corruption case. But he has suffered legal defeats, with the ruling by the Constitutional Court on Thursday appearing to clear the way for a trial.
"It is a very serious setback [for Zuma]," said Susan Booysen, a political analyst at South Africa's University of the Witwatersrand. "Today's ruling really strengthens the hand of the NPA [National Prosecuting Authority]."
Nine of the 10 Constitutional Court judges ruled that warrants used in raids on Zuma and his lawyer were valid and the state could use seized documents in its prosecution.
In another blow to Zuma, the court allowed for the use of a diary and other documents from Mauritius in the trial. Zuma had tried to block the NPA from obtaining the documents.
"We are certainly very pleased with the outcome today," NPA spokesman Tlali Tlali said after the ruling by the court in Johannesburg. "The NPA is court ready."
Party stand
Zuma is accused of accepting hundreds of thousands of dollars in bribes from a French arms firm. He denies the charges and is expected to go on trial this year for corruption, money-laundering, fraud and racketeering.
His supporters call the case a conspiracy by loyalists of Mbeki, who must step down next year. They say state organs were used to smear Zuma and derail his political ambitions.
The ANC said it respected the Constitutional Court ruling but remained disturbed by aspects of the investigation and would continue to support Zuma.
"The ANC reiterates its view that the manner in which this case has been handled by the authorities over the last few years has reinforced the perception that the ANC president is being persecuted rather than merely prosecuted," it said. "It has also fuelled doubts about his chances of receiving a fair hearing."
Mbeki fired Zuma as deputy president in 2005 after the arms scandal broke, and Zuma was later charged with bribery and fraud. His corruption case collapsed in 2006 on procedural matters, but prosecutors charged him again in 2007. A protracted trial could mean Zuma's case eventually overlaps with general elections in 2009, potentially causing further political instability in Africa's largest economy.
Prominent trade unionists, Communists and rank-and-file ANC members are expected to be at Zuma's side when he goes to court in Pietermaritzburg next week to ask that the case be dismissed.
Hard fight
While publicly stating that he wants to go to trial, Zuma has fought hard to kill the case before it reaches a courtroom.
Zuma and his lawyer Michael Hulley have argued that an elite crimefighting unit violated their rights when they raided their properties in 2005. They said the search warrants used were illegal and violated their privacy, property and other rights.
The Supreme Court, however, previously ruled the documents seized by the FBI-style Scorpions unit could be used against Zuma at trial, despite finding some problems with the warrants.
Unlikely leader
Here are some key facts about Jacob Zuma, born on April 12, 1942:
Political background
- The National Prosecuting Authority charged Zuma with corruption, fraud, money laundering and racketeering on December 28, 2007, eight days after he won the ANC party leadership defeating incumbent President Thabo Mbeki.
- Zuma has said he would step down only if a court proves he is guilty. He has denied the charges which he said were politically motivated.
- The legal battle is likely to decide whether Zuma succeeds Mbeki, who is barred from seeking a third term as state president in 2009.
Political fortunes
- A former member of the ANC's military wing, Zuma rose to become head of intelligence in the party, a post that gave him leverage over allies and opponents alike. Like Nelson Mandela, he was imprisoned on Robben Island for conspiring to overthrow white rule, spending 10 years in jail before going into exile.
- Zuma was South Africa's deputy president for six years before he was sacked in 2005 by President Thabo Mbeki after he was implicated in a graft trial that saw his former financial adviser, Schabir Shaik, convicted on fraud and corruption charges.
- Zuma was acquitted of rape charges in May 2006.
Zuma - The man
- Earthy and approachable, the ethnic Zulu from KwaZulu-Natal province has earned respect as a peacemaker at home, mediating between the ANC and the Zulu-dominated Inkatha Freedom Party (IFP) at the height of violence in the early 1990s.
- Zuma has more recently been outspoken in his criticism of Zimbabwe. In contrast Mbeki, appointed as a regional mediator last year, has been strongly criticised for his soft approach to President Robert Mugabe.
- Zuma has received no formal schooling. He was formerly married to South Africa's foreign minister, Nkosazana Dlamini-Zuma.
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