- Former president Jacob Zuma “fears no finding” from the Zondo commission into state capture.
- Zuma wants Deputy Chief Justice Raymond Zondo to recuse himself as chairperson.
- The commission’s evidence leader said Zuma’s application regarding Zondo appears to be based on political conspiracies.
Former president Jacob Zuma doesn’t fear any finding, his legal counsel, advocate Muzi Sikhakhane, told the Zondo commission into state capture.
Sikhakhane was arguing as to why the commission’s chairperson, Deputy Chief Justice Raymond Zondo, should be recused.
The commission’s evidence leader, advocate Paul Pretorius, said it is difficult not to conclude that the real reason why Zuma brought such an application is that he has an apprehension there will be findings against him.
Zuma’s application was heard on Monday.
Sikhakhane argued that the commission has fed into a narrative that Zuma “messed up our country” – and that Zondo’s comments, particularly to “sweetheart witnesses” with an axe to grind against Zuma, aided in that narrative.
“There is something wrong with how this thing was established. It was not thought through. It was politically motivated in the thinking,” Sikhakhane said.
Then-president Jacob Zuma established the commission in January 2018, on the eve of an ANC NEC meeting expected to discuss his recall. He had exhausted legal options to set aside former public protector Thuli Madonsela’s recommendation for the establishment of such a commission, with its chairperson to be appointed by the chief justice.
Pretorius said it appears that Sikhakhane includes political conspiracies in his reasons why he wants Zondo recused.
He said there was no indication of actual bias placed on record.
He said he doesn’t understand how this constitutes bias.
Pretorius said Zondo is obliged to do everything in his power to ensure Zuma appears before the commission.
He added that Zondo is also obliged to engage witnesses because his role is investigative and he must get all versions before the commission.
“There is no doubt the former president is central to the work of the commission,” Pretorius said.
He said this is why they need to hear his testimony.
He said, so far, Zuma hasn’t provided his full cooperation, and one can only hope he will do so from now on.
He said Zondo’s recusal would collapse the commission.
‘In the mind of my client’
In response, Sikhakhane said he took serious exception to Pretorius’ arguments.
“I know no less law than advocate Pretorius,” he said.
He disputed that he was “peddling conspiracies”.
“I’ve put to you what is in the mind of my client,” he said, adding that he found it offensive.
He also said it was an insult and unfair to say that Zuma has an apprehension of findings.
“He fears no finding.”
Zondo adjourned proceedings until 10:00 on Tuesday.
He said he will consider the submissions overnight and provide a decision as soon as possible.
ATM confirms postponement of vote of no confidence in Ramaphosa
The ATM took to Twitter to confirm that the vote of no confidence against President Cyril Ramaphosa has been postponed to February 2021.
The African Transformation Movement (ATM) took to Twitter on Thursday, 3 December 2020, to confirm that the vote of no confidence in President Cyril Ramaphosa has been postponed. The vote was initially scheduled to take place during the parliamentary proceedings of the day, but Speaker of Parliament, Thandi Modise announced its postponement instead.
The postponement is due to the pending ruling on whether or not the vote will be a secret ballot, which is set to be delivered in February 2021. Moreover, a speculated reason was the lack of support the party would have received, as most of the leading opposition parties had opted to abstain from voting for various reasons.
The only party that was willing to vote was the United Democratic Movement (UDM), but its vote hinged on it being a secret ballot. Leader of the ATM, Vuyolwethu Zungula has not yet commented on the postponement, but has opted to rather retweet the party’s announcement
Speaker of Parliament announces her decision to postpone the ATM’s #NoConfidenceMotion in Ramaphosa, pending a ruling from the WC High Court on the secret ballot in February 2021. pic.twitter.com/OmQZLortR6
— African Transformation Movement (@ATMovement_SA) December 3, 2020
Prosecuting National Assembly Speaker for animal cruelty is a frivolous political stunt
- National Assembly Speaker Thandi Modise is currently on trial for animal cruelty relating to dead and emaciated animals found on her farm in the North West.
- Her legal representative, advocate Dali Mpofu SC, told the court the private prosecution is a frivolous political stunt.
- AfriForum has denied this, saying there is evidence.
The animal cruelty trial of National Assembly Speaker Thandi Modise has gained its first insight into her possible defence, with claims the case is a frivolous political stunt by AfriForum.
Modise appeared in the Potchefstroom Regional Court on Wednesday where she is being privately prosecuted by AfriForum’s Private Prosecution Unit on behalf of the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA).
She has pleaded not guilty to six counts of animal cruelty relating to the dozens of animals that died or were emaciated allegedly due to starvation and dehydration on her farm in the North West in 2014.
While the private prosecution, led by advocate Gerrie Nel, is still in the driving seat presenting evidence, several clashes between him and Modise’s legal representative, advocate Dali Mpofu SC, led to insight into what may be part of her defence.
The argument was started by Nel calling expert witness Dr Sameet Abdullah Abass who was set to testify on how the animals died or were emaciated and how to give time spans on the level of decomposition of the carcasses found on the farm.
Mpofu objected as Abass started giving testimony, stating the defence was never informed an expert witness was going to be called.
Nel hit back that a full disclosure had been made with the witness list, but said if the defence was not prepared, as a matter of fairness, they would give them time to prepare.
Mpofu was not happy with the idea of a postponement, and said if such a postponement was called, it must by the prosecution in the case.
His reasoning for this argument relates to the possible civil implications of the case and if the defence calls for the postponement, the costs involved cannot be claimed if there is a civil suit.
“We may retrieve the costs even in a civil context, not necessarily in relation to the Criminal Procedure Act, even if prosecution is not in good faith, if it is done in bad faith, then the costs may be retrieved,” Mpofu said.
It was at this point that he told the court the defence believed the private prosecution of Modise was a frivolous political stunt by AfriForum.
“They know it, we know it, and will prove it,” he added.
The defence said it would argue these points at the right time, but the entire prosecution was malicious and for ulterior purposes aimed at embarrassing the accused.
Modise echoed similar sentiments after her court appearance when she told reporters she was innocent and wanted to take the stand to give her side of the story.
“After six years of being tortured, of family being displaced, of being maligned, of my name being used to fundraise for AfriForum, yes I am looking forward to taking the stand,” she said.
Mpofu’s cross-examination, at times, also led to the deduction that the defence would be claiming some sort of political agenda narrative.
While cross-examining journalist Dustin Wetdewich who was on the scene, Mpofu asked if it was not strange the DA had tipped the Potchefstroom Herald off about the animals on the farm.
Mpofu told Wetdewich:
“Why politicise the matter?”
Case based on evidence
A flabbergasted Nel told the court he had never seen such arguments in a criminal court, saying the courts he appeared in had decorum.
He also pointed out Mpofu had quoted the wrong section when making his arguments, and he was not doing anyone a favour by getting the witness to stand down but was working with the court to solve the impasse.
“Procedurally, we have done nothing wrong, but the defence is not ready to continue with this witness. Let him stand down, we will call another witness,” Nel said.
The court then ordered that Abass stand down and another witness be called. He is expected to testify when the case returns to court next year.
Andrew Leask, the head of investigations of AfriForum’s Private Prosecution Unit, told journalists they were disappointed with the comments made in court and denied there were other motives at play.
“This is a court of law that’s properly constituted in terms of law, we are here not to play games, to kick up political dust or to be involved in political mudslinging,” Leask said.
“We are here to present a case based on evidence, we will present the evidence and allow the court to make judgment on it.
“We were approached by the NSPCA asking us to conduct a private prosecution for their matter, which we are doing.”
Two brothers shot in the head in Shallcross
Durban – Two brothers were shot dead in Himalaya Drive in Shallcross on Tuesday afternoon.
According to KZN police spokesperson Captain Nqobile Gwala, Chatsworth police received a complaint of a shooting at Himalaya Drive Shallcross and proceeded to the scene just after 5pm.
“On arrival they found two males with gunshot wounds to the head.”
She said a 39-year-old victim was declared dead on the crime scene.
“The second victim, a male aged 44, was taken to hospital for medical attention where he later died.
“It is alleged that the two victims were attacked by two unknown suspects who opened fire wounding them on the head.
“The suspects fled the scene in their getaway vehicle. There is a vehicle that was found abandoned on the N2 freeway but it cannot be confirmed whether it was the suspects’ vehicle or not, pending police investigation.
Gwala said charges of murder were opened at Chatsworth police station for investigation.
She confirmed the duo were brothers.
In a separate incident, also in KZN, a 43-year-old woman was shot dead in the head in the driveway of her Midlands home also on Tuesday just before 6pm.
Captain Gwala said the woman was about to leave her Bowker Road, Bisley home when four suspects opened fire.
“She sustained gunshot wounds to the head and was declared dead at the scene.
“The suspects also robbed the victim of her vehicle which was later found abandoned at Imbali Unit 1.
Gwala said charges of murder and carjacking were opened for investigation at Alexandra Road SAPS.