Media Statement by ANC Deputy president Jacob Zuma on his acquittal by the Johannesburg High Court, May 9 2006

Yesterday, the day on which I was pronounced innocent, we celebrated the 10th year anniversary of our Constitution, adopted by the Constitutional Assembly of the Republic of South Africa on the 8th of May 1996. In the document we codified our choices, values, aspirations, hopes and fears. 

As we rejoice on this anniversary, it is incumbent upon all of us, to renew our patriotic obligation to obey, observe, uphold and maintain this Constitution, that sustains the very freedom and democracy that we all so cherish.

On the 6th of December 2005, when I was charged with rape, I expressed in a media statement my appreciation of the fact that the matter would be brought before court, as I viewed it as the appropriate forum for me to respond to the allegations.

I also proclaimed my innocence, and expressed the hope that everyone would respect the judicial process, and my Constitutional right to be presumed innocent, and that they would desist from trying this matter in the court of public opinion. From the very beginning of the trial, my legal team and I resolved to do all that was necessary to ensure my Constitutional right as an accused person to a fair trial.

Accordingly, we applied for the recusal of the then presiding judge, Judge President Bernard Ngoepe, whom I continue to hold in high regard. We appreciate the decision of Judge President Ngoepe and later also the honourable Judge Jeremiah Shongwe to recuse themselves. They did so in respect of the principle that not only must the Constitutional right of an accused to a fair trial be upheld, but the accused and society as a whole, should perceive and believe, that such a trial is going to be fair.

In keeping with my public pledge, I respected the judicial process, authority and system. I did not interfere with the investigation of the allegations, the evidence that was led against me or with any of the witnesses that were brought to testify against me.

I respected the Constitutional right of the National Prosecuting Authority to exercise its duties without fear, favour or prejudice.

Yesterday, as we celebrated 10 years of our Constitution, an independent High Court of our country found me innocent. There can be no doubt that Judge Willem van der Merwe acted independently, and applied the law impartially and without fear, favour or prejudice. I thank him for the fair and just manner in which he presided over this case, and the general decorum he maintained in the courtroom, which made adversaries work together amicably.

With regards to HIV and AIDS, I have advocated for prevention, care, treatment and support in various forums over the years. I shall continue to do so, both as Deputy President of the ANC and as an ordinary citizen.

I would like to underline that the crucial struggle against HIV and AIDS continues in our country. As in any war, if one soldier or commander falters, it does not mean that the whole army has been defeated, or that it should abandon the war.

Our country has one of the most comprehensive programmes of HIV and AIDS prevention, treatment, support and research, and I am proud to have been associated with it during my tenure in government.

For my part, I have periodically determined my HIV status and I shall continue to take the necessary measures to protect myself.

As I testified in court, under oath, I am HIV negative, having undergone an HIV test in March this year. I wish to state categorically and place on record that I erred in having unprotected sex. I should have known better and I should have acted with greater caution and responsibility. For this, I unconditionally apologise to all the people of this country.

I reiterate the call I had made to the youth of our country over the years, to heed the prevention messages, while also supporting those living with the virus, and fight the stigma attached to it.

I wish to emphasise as well today, that I remain unwavering in my commitment to the struggle against gender-based violence, in line with the vision and policies of my organisation, the African National Congress. It is unfortunate that my honest responses given under oath to a court of law, as an accused person, were taken out of context and presented in a distorted form to the court of public opinion, as policy statements to burning issues that confront our society.

Further, I wish to stress that the Complainant in my erstwhile case should in no way be vilified or condemned. She deserves to lead a fruitful and harmonious life as a citizen of this country, protected by our Constitution, regardless of what we think could have been the motives for her actions.

We also need to extend our hand of friendship to the women and organisations that demonstrated against me, for they are our partners in a common struggle. I hope that they will accept the ruling of the court, as they continue in our collective and correct struggle against the abuse of women and children.

Ladies and gentlemen of the media, the ANC incorporates in its ranks all South Africans irrespective of race, ethnicity, religion or gender. In 1912, the founders of our organisation sought to unite the African people with the slogan "Mzulu, Msuthu, Mxhosa hlanganani'', calling all language groups to unite. Since then, the ANC evolved into a non-racial and non-sexist, colourful in its diversity.

Our people remain true to these ideals, as seen even outside the court room during the trial, where they came in their thousands from all corners of the country, from Limpopo to the Eastern Cape, KwaZulu-Natal to North West. We shall continue to uphold these principles and will reject any attempts from any quarter, and for whatever reason, to manufacture ethnic divisions in our ranks.

One of the objectives of our struggle for liberation was to ensure that we enshrine in our Constitution the freedom of expression and the freedom of the media, and I confirm my complete support for these freedoms.

It is however unfortunate that the freedom of expression has been used as an instrument to assassinate characters, and pre-judge judicial processes. I have endured volumes of media venom before and during the trial. At times, I wonder if these were the freedoms we fought for and sacrificed our lives for.

Our Constitution states that everyone has inherent dignity and the right to have their dignity, respected and protected.

The media is an important part of our democracy, and it needs to act independently and not be used to perpetuate political agendas. I trust that this important institution will rise to the challenges and standards it so generously sets for others.

Further, now that I have been found not guilty, I sincerely hope that the media will respect the Court judgment and honour the provisions of the Constitution. We need to concentrate on working together constructively to meet the many socio-economic challenges facing our country.

The trial has been a trying period for my family, friends, comrades and supporters. I particularly want to thank my wonderful children, all members of my family and the entire Zuma clan, led by amakhosi from Impendle and Nkandla, who steadfastly believed in my innocence, and who with great fortitude, withstood the vile and vicious attacks on my integrity.

I was greatly humbled by the scores of people who turned out each day at court and others who demonstrated their support in various ways. I was strengthened by the faith they had in me, and the manner in which they stood by me during one of the most difficult moments in my life.

I also take this opportunity to acknowledge the support I received from members of my beloved organisation, the ANC and members of the ANC Women's League and those of SANCO and SASCO.

I want to single out for special mention the South African Communist Party, Cosatu, the ANC Youth League, the Young Communist League, Cosas and others in the Progressive Youth Alliance, the Mkhonto Wesizwe Military Veterans Association as well as the Friends of Jacob Zuma Trust.

I am deeply grateful for the support I received from various religious denominations, traditional leaders as well as the arts and entertainment sector and many individual citizens. All these organisations and individuals stood by the principle of the presumption of innocence in our jurisprudence.

I want to extend my special gratitude to my legal team, Advocate Kemp J Kemp, SC, Advocate Jerome Brauns, SC, Advocate Thandanani Mbongwa and my attorney Michael Hulley for the sterling manner in which they conducted my Defence. I also wish to express my deep-felt gratitude to the witnesses who testified for the Defence. I extend good wishes to the prosecution team, led by Advocate Charin de Beer.

In keeping with my December 6th statement, I have communicated with the Secretary General of the ANC about my resumption of duties and participation in the leading structures of the ANC - the National Executive Committee, the National Working Committee, the Officials meetings and the National Deployment Committee.

For the record, I would like to state categorically, to correct certain often repeated distortions, that my life of struggle was never motivated by seeking glorification. As I have done, throughout my life, I shall continue to serve my organisation and my people in whatever capacity they deem fit. In the ANC, we have no other interest than that of the people for whom, and with whom we have struggled.

I thank you for your time.

Source: Friends of Jacob Zuma website.

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