As Zuma rape trial opens, judge stands down over potential bias

SOUTH AFRICA: The judge presiding over the rape trial of former South African deputy president Jacob Zuma yesterday stood down…

SOUTH AFRICA: The judge presiding over the rape trial of former South African deputy president Jacob Zuma yesterday stood down on the first day of proceedings.

Outside the High Court, up to 1,000 anti-rape and pro-Jacob Zuma protesters gathered to voice their feelings about the court room drama. At stages, they exchanged insults but the 100 policemen on duty ensured disruptions were kept to a minimum.

At the start of the hearing, Mr Zuma's legal team brought an application for Judge Bernard Ngoepe to recuse himself from the rape trial based on potential bias. The judge was involved in granting search warrants related to Mr Zuma's separate corruption trial, to be heard in Durban in June.

As well as being accused of last November raping an Aids activist (the daughter of a deceased ANC colleague), Mr Zuma is facing corruption and fraud charges following the conviction of his former financial advisor, Schabir Shaik, on the same charges, which relate to an arms deal.

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Mr Zuma, of Zulu extraction, lost his job as the nation's deputy president last summer following his implication in the corruption scandal. Many analysts believe the subsequent rape allegations have scuppered any chance of him realising his presidential ambitions.

He denies the rape charge but admits having had consensual sex with the alleged victim.

At the start of the afternoon session, Judge Ngoepe told the packed court room at Johannesburg High Court that, after discussing the matter with his deputies, he had decided to step down, but not for the reasons put forward by the defence.

"The protection of the credibility of the judiciary should weigh with me heavily [ when making the decision to step aside]," said the judge.

He said the trial had not yet started and he was therefore not "seized in the matter". If he had to step aside, now was the time.

The court case will now be heard by one of his deputies, who must decide whether to grant an application by the defence for a two-week adjournment. The application relates to the late lodgment of documents in court by the state.

For most of the morning, outside the court a carnival atmosphere prevailed with Zuma supporters dancing to traditional music and hawkers selling refreshments to thirsty onlookers.

Mandlenkosi Cele told The Irish Times he was a strong supporter of Mr Zuma and he could not believe the former deputy president was guilty of raping the alleged victim.

"Zuma is a real man so he would not do this. We have never seen this behaviour from him before. He is a man of the people - he is close to the poor people," he said.

Across the road from the main group of supporters, in a cordoned-off section of the street, stood Carrie Shelever and about 50 members of the People Opposing Women Abuse movement.

"The reason we are here is to provide support for a victim who has spoken out and the thousands who never do. We are not here to try and influence the course of justice," she said.