Businessman to subpoena Zuma in R100m court battle

A businessman who is suing the police for R100-million says he will subpoena President Jacob Zuma, and he has hired the lawyer who successfully defended the president against a rape charge.

Johann Roodt, who never leaves his home without wearing a bulletproof vest and regularly dons a disguise because he fears for his life, has hired Kemp J Kemp to represent him against Police Minister Nathi Mthethwa, national police commissioner General Riah Phiyega and Eastern Cape commissioner Lieutenant-General Celiwe Binta.

Roodt is claiming the R100-million for loss of earnings following a spate of criminal incidents at his service station in Flagstaff, Transkei.

He claims that local police failed to properly investigate the incidents he reported and that pleas to Eastern Cape police chiefs, Phiyega's office and to Mthethwa fell on deaf ears, as did complaints to Zuma's office.

The incidents date back to 2008 after a fallout between him and the owner of the land where the service station is situated.

Out of desperation, Roodt said, papers were lodged at the High Court in Pretoria in November. Kemp has signed those papers as Roodt's senior counsel.

In responding papers, the police denied all allegations against them, including accusations that officers were involved in committing some of the crimes.

Zuma's spokesman, Mac Maharaj, said the presidency's legal office was aware of the matter, but could not comment on the presidential subpoena claim.

Roodt said death threats were made against him and his service station manager, James Talbot. He has not set foot in Flagstaff for the past three-and-a-half years. "I had a tracer bullet left for me at the petrol station, which is clearly a message. Then a coffin was left. I can't go there because I know what will happen to me," Roodt said from his Durban home this week.

"It's not just me who is being threatened. It's all my staff. It's ordinary people from Flagstaff who we employ," he said.

After Roodt e-mailed Zuma's office he got a response in writing saying the matter was being attended to. Talbot contacted the Presidential Hotline and claimed in an affidavit that he spoke to Zuma directly, a claim that Maharaj dismissed as "impossible". Maharaj said the only calls Zuma had taken personally on the hotline were those during its launch in 2009.

Maharaj said Talbot had lodged a complaint with his office and a reference number was given. The matter was referred to police, who had dealt with it and contacted Talbot, he said.

"We got promises that this would be looked into, but nothing ever happened. That's when we decided to go to court," Roodt said. "We can subpoena Zuma, and we will. He will be the first person we have on the stand."

Roodt said he hoped this would force police to act.

Police spokesman Lieutenant-General Solomon Makgale denied allegations that the matters had not been investigated, saying that five cases were opened by Roodt.

"It is clear that the complaints were attended to. It is equally clear that these complaints emanate from a business dispute dating back to 2008," he said.