Jacob Zuma - Rape Charges

Rape Charges

In December 2005, Zuma was charged with raping a 31 year old woman at his home in Forest Town, Gauteng. The alleged victim was from a prominent ANC family, the daughter of a deceased struggle comrade of Zuma, and also an AIDS activist who was known to be HIV positive. Zuma denied the charges and claimed that the sex was consensual.

Even before charges were filed, as rumours about rape accusations surfaced later in November, Zuma's political prospects began to appear to take a turn for the worse. Most of his higher-level political supporters could not respond to these new charges the way they had the corruption charges. In a hearing prior to the rape trial, a group of thousands of his supporters gathered near the courthouse, as a smaller gathering of anti-rape groups demonstrated on behalf of the alleged rape victim. As he did throughout the trial, Zuma sang Lethu Mshini Wami (Bring me my machine gun) with the crowd, and ANC Youth League and Communist Party Youth League spokesmen spoke in support of Zuma.

As the rape trial proceeded, reports surfaced that the South African Communist Party was severely divided over how to address the issue of Zuma and the SACP's relationship to him. Many members of the party's youth wing supported Zuma while others in the SACP were sceptical about the value of rallying behind a particular person as opposed to emphasising principles of governance.

Despite the defection of some former supporters, many Zuma supporters continued to rally outside the courthouse, arousing criticism by anti-rape groups for regular attacks on the integrity and moral standing of Zuma's accuser, insults yelled at a close friend of the accuser, and even stones thrown at a woman that members of the crowd mistook for the accuser. Zuma's defence team introduced evidence relating to the woman's sexual past, and asserted that the sex that took place was consensual. The prosecution asserted that her lack of resistance was due to a state of shock, and that the relationship between the two was like that of a 'father-daughter' pair.

The trial also generated political controversy when Zuma, who at the time headed the National AIDS Council, admitted that he had not used a condom when having sex with the woman who now accuses him of rape, despite knowing that she was HIV-positive. He stated in court that he took a shower afterwards to "cut the risk of contracting HIV". This statement was condemned by the judge, health experts, and AIDS activists. The popular South African comic strip, Madam & Eve, and well known political cartoonist, Zapiro, repeatedly lampooned the matter. HIV educators emphasised that this would do nothing to prevent HIV transmission.

On 8 May 2006, the court found Zuma not guilty of rape, agreeing with Zuma that the sexual act in question was consensual. Judge van der Merwe lambasted the accuser for lying to the court, but also censured Zuma for his recklessness.

As his rape trial ended, many South Africans wondered how their political system would recover from the rifts that Zuma's trials have exposed. A Mail and Guardian analysis saw these events as especially troubling:

The political damage is incalculable, with the ruling African National Congress now an openly divided and faltering movement. This has had a domino effect on the South African Communist Party and the Congress of South African Trade Unions, which have floundered and fractured in the face of damaging charges against a man they ardently backed as the country's next president.

The trial has been fought against the backdrop of a bitter succession war between Mbeki and Zuma... Mbeki's support in the ANC has crumbled, with the party faithful refusing to accept that he will anoint a leader... But even Zuma's most diehard supporters privately acknowledge that he cannot now be president, regardless of the trial outcome.

Nonetheless, Business Day's Karima Brown told The Guardian after the rape trial's verdict was handed down, "Jacob Zuma is back. This poses a serious dilemma for the ANC leadership. Now Zuma is marching back into Luthuli House . He will demand to be reinstated as deputy president and the others will find it difficult to block him ... This is a major victory for Zuma's political career."

The prospect of Zuma's return as a contender for the presidency caused concern for international investors. An Independent analyst suggested, "The fear of seeing Zuma and his crowd marching to the Union Buildings wielding machine guns is unnerving mostly to the middle class and businessmen, according to recent surveys."