Zuma 'had time to burn papers'

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http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2286930,00.html
Johannesburg - African National Congress president Jacob Zuma had two months to "burn" documents seized in raids if he had wanted to hide them from the court, the Constitutional Court heard on Wednesday.

Zuma's advocate, Kemp J Kemp, said "The searches and seizures took place on August 18. We had two months to burn things."

Kemp said in his replying argument that Zuma was not attempting to keep documents that could implicate him in his forthcoming corruption trial out of court by challenging the validity of the search-and-seizure warrants used to secure them.

"It is not correct that this was to keep the documents out. There are other tactical ways," he said.

He said they were told on June 20 2005 that Zuma was going to be charged, nine days before he was actually charged for the first time.

lawyer/client privilege

Zuma, Hulley and arms company Thint are challenging the validity of search warrants, which yielded 93 000 documents from 22 searches carried out on that day.

They argue the provisions of the warrants were too broad and vague, did not delineate what could and could not be taken, and so violated their constitutional right to privacy, dignity and a fair trial.

They argue, too, that the searches violated lawyer/client privilege by potentially gaining access to their defence notes and other confidential discussions about the trial.

Kemp said: "We would like to know if, from now on until we lead up to the trial, and we ask Mr Zuma to take notes, they are safe?

"We are not also available when posses arrive at his home.

"We want to know because it may affect our preparation. Until then, I must tell Mr Zuma to try and remember things without notes that would be subject to seizure."

He said the warrants were so broad that "even a Post Office savings book that he had in the 60s could be seized."

If they had wanted to keep the documents out of court, they could have applied to Pietermaritzburg High Court on the first day of Zuma's trial on August 4.

"If we wanted to exclude the documents, one way to do that, is to say nothing, absolutely nothing, and spring it on them on the first day of the trial," Kemp said.

"Can you imagine the delays?"

He also pointed out that by the time the trial started on August 4, the statutory period available for appealing against the warrants would have expired.

Payments of more than R4m

Zuma's charges come after the fraud and corruption conviction of his friend and financial adviser Schabir Shaik.

It is alleged Zuma received various payments totalling more than R4m from Shaik, who also is alleged to have attempted to secure a R500 000 yearly bribe for Zuma from Thint.

Judgment on the validity of the warrants was reserved and the court was expected to hear argument on the issue of a letter of request to secure documents from Mauritius.
 
I won't comment, got a BAN (until the 18th March 2008) from another firum for commenting on "race/politics" issues :p

but... cough, cough... where there is smoke there is fire! :D
 
He probably didn't want to burn those papers but I sure as hell bet his lawyers did.
 
Boo hoo - cry me a river.

"We are too scared to make notes blah blah".

Grow up you ********* *** **** ***
 
He probably didn't want to burn those papers but I sure as hell bet his lawyers did.

The only reason they never burned the evidence is because the cat p1ssed on the matches.:D
 
Or, too dumb to realize that it might be incriminating?
 
Ah, how do we know he didnt burn anything? After all, his lawyers admit that they had 2 months to do so.
 
It is alleged Zuma received various payments totalling more than R4m from Shaik

So a court has convicted Shaik of giving Zuma more than 4m in bribes. Fact.

But somehow, and all logic escapes me here, Zuma only alledgely received them as bribes.

Surely one can't exist without the other?
 
JOHANNESBURG, March 13 (Reuters

A South African court on Thursday put off judgment on whether ANC leader Jacob Zuma can prevent seized documents being used against him as evidence at a corruption trial that could stop him becoming president. After a three-day Constitutional Court session, Chief Justice Pius Langa gave the defence and state more time to submit arguments on warrants used in the seizures.

"We reserve judgment on this matter," he said. Langa said Zuma would have to submit a written argument within a week and the state was required to respond by March 27. A final ruling on the case could still take weeks or months.

Zuma, who defeated President Thabo Mbeki for the leadership of the ruling African National Congress in December, is accused of accepting hundreds of thousands of dollars in bribes from French arms manufacturer Thint and his former financial adviser.

The trial for corruption, money-laundering, fraud and racketeering is due to start in August and is likely to decide whether Zuma succeeds Mbeki when the latter has to step down in 2009. Zuma has said he will bow out if convicted.

Zuma and Thint say the documents were unlawfully obtained. The prospect of several delays leaves a question mark over whether Zuma's legal battles will drag into the presidential election period and cloud South Africa's political future.

Zuma's rise has worried some investors, who fear that under his rule South Africa could shift away from Mbeki's pro-business policies. But the power struggle between the two men has also stirred concerns of instability.

Zuma says the charges against him are politically motivated. Zuma's lawyers argued the warrants used in raids were too vague and violated their privacy, property and other rights guaranteed under South Africa's constitution. South Africa's Supreme Court of Appeal ruled in November that documents seized by the elite Scorpions crime-fighting unit could be used against Zuma when he went to trial.

The appeal court also opened the way for South African prosecutors to use documents from Mauritius, said to contain evidence that bribes were solicited on behalf of Zuma in return for using his influence in a government arms deal.

Zuma is also appealing that ruling in the Constitutional Court and, in a separate case, is trying to block authorities in Mauritius from handing over documents for his trial.
 
So a court has convicted Shaik of giving Zuma more than 4m in bribes. Fact.

But somehow, and all logic escapes me here, Zuma only alledgely received them as bribes.

Surely one can't exist without the other?

You are right - but I think people just say that to avoid any libel claims
 
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