Zuma rape accused plead not guilty

Published Jun 6, 2001

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By Bheko Madlala

Four men who allegedly assaulted the wife of deputy president Jacob Zuma and then robbed her of her valuables will know their fate on Thursday.

The alleged assailants are on trial in the Mtunzini Circuit High Court after they allegedly attacked Sizakele Zuma at her Inkandla home in July 1999.

Bernard Mabaso, 33, Xolani Mkhize, 20, Siphiwe Zulu, 22, and Piet Duma were arrested in the wake of the widely publicised attack and subsequently charged with rape, assault and robbery with aggravating circumstances.

They have pleaded not guilty to all charges.

The state alleges that the men forced their way into Zuma's house by kicking in the door and then raped her.

They also allegedly assaulted her nephew.

In her closing argument on Tuesday, prosecutor Ensar Smith told Judge Vivienne Niles-Duner that the four men should be found guilty.

Smith said all the accused played a part in the commission of the offences and had acted with common purpose, although Mabaso and Zulu were the main instigators.

She said that in her testimony Mrs Zuma told the court she was raped by a tall man who was light in complexion and Zulu fitted this description.

Mrs Zuma had also told the court that most of the physical violence "emanated from the tall man", said Smith.

She said Mabaso had also been linked by DNA evidence to the crime. She said that although evidence revealed that Mkhize had stood outside, he was as guilty as the others as he had heard the screams of the victim, but did not intervene on her behalf.

She said evidence was also heard that Mkhize had given his sister a watch, which was part of the stolen goods, as a gift.

Smith added that Duma had also acted in common purpose with his co-accused.

Earlier in the day, the accused were subjected to intense cross-examination.

They told the court they did not know each other.

Mkhize denied evidence that a .38 revolver was found on him when he was arrested by police. He raised the ire of the court when he said he had not seen a gun in his entire life until he was arrested by the police.

A visibly incensed Niles-Duner asked him pointedly: "Do you want us to believe that you only saw a gun when you were arrested?"

Mkhize replied in a trembling voice: "Yes, my lady."

As the alleged perpetrators of her ordeal were bombarded with a barrage of questions, Zuma sat quietly in the public gallery. Duner said she would deliver judgment on Thursday.

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