Identifier
Created
Classification
Origin
09PRETORIA217
2009-02-04 16:37:00
UNCLASSIFIED
Embassy Pretoria
Cable title:  

COURT SETS ZUMA TRIAL FOR AUGUST

Tags:  KJU PGOV SF 
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R 041637Z FEB 09
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 7243
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHTN/AMCONSUL CAPE TOWN 6524
RUEHDU/AMCONSUL DURBAN 0648
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RUEAIIA/CIA WASHINGTON DC
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RHEHNSC/NSC WASHDC
UNCLAS PRETORIA 000217 

SIPDIS

E.O. 12958: N/A
TAGS: KJU PGOV SF
SUBJECT: COURT SETS ZUMA TRIAL FOR AUGUST

REF: A. DURBAN 000006

B. 08 PRETORIA 2605

UNCLAS PRETORIA 000217

SIPDIS

E.O. 12958: N/A
TAGS: KJU PGOV SF
SUBJECT: COURT SETS ZUMA TRIAL FOR AUGUST

REF: A. DURBAN 000006

B. 08 PRETORIA 2605


1. (U) The Pietermaritzburg High Court set August 25 as the
trial date for African National Congress (ANC) President
Jacob Zuma in a decision announced on February 4. The state
charged Zuma with corruption, fraud, money laundering, and
racketeering in December 2007. The Pietermaritzburg High
Court in a September 2008 judgment ruled that the state's
charges were invalid, but the Supreme Court of Appeal
overruled the decision last month. (See Reftels) The latest
High Court ruling means that criminal prosecution is likely
to hang over Zuma's head as the ANC prepares for the national
election; Zuma vowed he would not step down as the party's
candidate for the national presidency.


2. (U) Zuma and the French arms company implicated in the
state's investigation countered quickly following the
judgment. Thint announced it would seek a permanent stay of
prosecution in court on June 24 and June 25. In a separate
court filing, Zuma's lawyers appealed to the Constitutional
Court the Supreme Court's decision to overrule the earlier
decision and formally began seeking a permanent stay of
prosecution. The Constitutional Court justices are
reportedly weighing whether to grant Zuma the opportunity to
argue his case before their benches. (Note: Such a move has
little precedent because most Supreme Court of Appeal
decisions stand unless there is a constitutional point under
consideration. End Note.)


3. (U) Reaction from Zuma's allies was equally swift. An
ANC lawyer confirmed that the party would join Zuma as "a
friend of the court" for both the High Court case and the
Constitutional Court appeal. The ANC lawyer said Zuma's
criminal charges "were not in the interest of the nation."
ANC Secretary General Gwede Mantashe told a crowd of 3,000
outside the Pietermaritzburg High Court that Zuma's
prosecution was "not about Jacob Zuma, it is about the ANC."
He warned that "this is a multi-pronged strategy to attack
the ANC ... They are attacking Jacob Zuma because if you hit
the head, you will hit the body, too." ANC Youth League
President Julius Malema said, "I just want to ask those who
are behind this case if they would be proud to prosecute
their own president and embarrass their own country."


4. (U) The following timeline sets out the dates by when the
state, Zuma, and Thint have to file their legal papers and
appear in the Pietermaritzburg. The state said Zuma's appeal
to the Constitutional Court would not affect the court dates
for the case in the Pietermaritzburg court dates.

First, for Thint's call for a permanent stay of prosecution:

March 16: Thint makes its application
May 4: The state delivers answering papers
May 18: Thint delivers replying papers
June 3: Thint delivers heads of argument
June 15: The state delivers heads of argument
June 24 and June 25: Both sides deliver oral arguments

Second, for Zuma's application for a permanent stay of
prosecution:

May 18: Zuma's lawyers delivers an application
July 3: The state delivers answering papers
July 24: Zuma's lawyers deliver replying papers
August 11: Zuma's lawyers deliver heads of argument
August 19: The state delivers heads of argument
August 25: Both sides deliver oral arguments


5. (SBU) Post will be meeting with legal experts in the next
week to garner more insight into the court cases and how the
process will impact the ANC's election prospects.
Qprocess will impact the ANC's election prospects.
BALL