Almost two decades after his first appearance in the dock, Jacob Zuma was on Wednesday finally asked to plead to the charges of fraud and corruption levelled against him over the arms deal.
And, as expected, came his soft spoken response: “I plead not guilty.”
This marks the official start of the trial and an important milestone in the drawn-out case. But the wheels of justice turn slowly and there’s still a way to go to the actual start line.
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Ordinarily after an accused pleads, the state calls its first witness. But in addition to his not guilty plea, the former president has also raised a “special plea” calling for the lead prosecutor in his case – state advocate Billy Downer – to be recused, as well as for his own acquittal.
And this has, in effect, stalled the process, with the case now postponed for the special plea to be argued.
It is also set to cause the already massive costs of the case – both for Zuma and the state – to spiral even further.
Zuma’s current legal team includes advocates Dali Mpofu, Thabani Masuku and Benny Buthelezi. The state has roped in Wim Trengrove and Andrew Breitenbach, together with advocates Hephzibah Rajah and Thembelani Mayosi to handle the plea.
Three independent lawyers and advocates on Wednesday estimated that if Zuma’s team was charging standard commercial rates, then the legal fees attached to the special plea could be at least R650 000 – if not in the millions.
If it were to be charged at standard commercial rates, they estimated the cost to the state, meanwhile, would be in the region of R750 000. Usually, when the state outsources its legal services, though, it gets what is effectively a discounted rate.
While the exact price tag attached to the special plea is not known, what is known is that Zuma has already racked up several millions of rands in legal fees on the case.
Earlier this year, the Supreme Court of Appeal (SCA) upheld a previous ruling from the High Court in Pretoria to the effect that Zuma was liable to pay his own legal fees, despite a deal he had struck with his predecessor, Thabo Mbeki, for the state to cover them.
In its judgment, the SCA put the total figure so far at around R25 million.
A number of ANC bigwigs were at court on Wednesday to support Zuma, including KwaZulu-Natal premier and provincial party chair Sihle Zikalala; eThekwini mayor and provincial executive committee member Mxolisi Kaunda and suspended ANC secretary-general Ace Magashule.
The charges against Zuma stem from the dodgy multibillion- rand deal the state struck with French arms company – and Zuma’s co-accused in the case – Thales, in the 1990s.
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And they include that he received kickbacks through his former financial advisor, convicted fraudster Schabir Shaik, in exchange for shielding Thales from investigations.
Thales also pleaded not guilty on Wednesday.
In the plea explanation, the company denied it was even aware of the alleged payments Zuma received through Shaik.
Anti-corruption activist Terry Crawford-Browne, who has been lobbying for those behind the arms deal to be brought to book for the past 20 years, welcomed the start of the trial. “It’s a huge step forward,” he said.
The case is due back in the KwaZulu-Natal High Court in Pietermaritzburg in July.
bernadettew@citizen.co.za