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The trial of former president Jacob Zuma and his co-accused, the French arms company Thales, on arms deal-related corruption charges is set to continue following a ruling by the Pietermaritzburg high court on Thursday.
“The trial is to continue irrespective of any interlocutory application, either by the state or the defence,” said judge Nkosinathi Chili.
Chili directed the parties to approach the registrar for a suitable trial date.
“In my view, the interest of justice demands that an order be made directing the commencement of the trial, regardless of the order dismissing Thales’ and Mr Zuma’s applications for leave to appeal this court’s dismissal of their application to have charges against them quashed.”
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The judge said without the court’s intervention, there was a likelihood of grave injustice or the administration of justice being brought into disrepute.
He said the court also needed to take into account the interests of society when considering the matter.
“A court has an obligation to guarantee public confidence in the judicial authority and the administration of justice.”
Chili said the court owed the public a duty to facilitate the expeditious commencement and management of the trial.
“A court has an obligation to guarantee public confidence in the judicial authority and the administration of justice.” — Judge Nkosinathi Chili
He said if the court failed to intervene in circumstances where it had been sufficiently established that the strategy implemented by the defence was designed to delay the commencement of the trial, then it would no doubt compromise the integrity of the court and the administration of justice.
The judgment comes after the state launched what it labelled the “Stop Stalingrad” application, aimed at stopping the years-long delays in the arms-deal-related corruption trial.
Chili said concerns were likely to arise among reasonable members of the public if the trial were halted without Zuma and Thales facing the charges levelled against them.
“I am unable to point to any cognisable harm or grave injustice that might result if the trial proceeds, regardless of pending interlocutory applications.”
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The judge added that Zuma and Thales were not without means of redress, adding their right to appeal was protected under the Criminal Procedure Act.
However, Zuma’s advocate Dali Mpofu labelled the state’s application as the “Zuma must fall” application and that his client, and Thales, were being treated differently from any other accused person who had a constitutional right to appeal any issue to a higher court.
Zuma and Thales pleaded not guilty to charges of racketeering, fraud, corruption and money laundering in May 2021.
Since then, the trial has been bogged down by numerous interlocutory applications, and no evidence has yet been led.
Sowetan
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