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Viewing cable 09PRETORIA217, COURT SETS ZUMA TRIAL FOR AUGUST

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Reference ID Created Released Classification Origin
09PRETORIA217 2009-02-04 16:37 2011-08-24 01:00 UNCLASSIFIED Embassy Pretoria
VZCZCXRO2991
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSA #0217 0351637
ZNR UUUUU ZZH
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
RUEHJO/AMCONSUL JOHANNESBURG 8868
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
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 
 
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