The Ahmed Kathrada Foundation says the dismissal of former president Jacob Zuma and the French arms company Thales’ appeal to obtain a stay of prosecution are significant steps forward in the long-running arms deal corruption case.
Zuma and Thales were dealt a legal blow on Wednesday after the Pietermaritzburg High Court ruled that their corruption trial will go ahead.
Judgement
Judge Nkosinathi Chili handed down judgment on their application for leave to appeal the court’s earlier decision dismissing their application to have the charges dropped.
“I am not persuaded that another court will find differently.
“Both Mr Zuma and Thales conceded that this court was correct in concluding that the relief sought, directing the state to stop the prosecution in terms of Section 6B of the Act, was incompetent. It is, therefore, not necessary to delay at this point,” Chilli said.
Accountability
Ahmed Kathrada Foundation spokesperson Neeshan Balton said they welcome the judgement.
“The dismissal of the latest appeal in the arms deal case paves the way for the trial to finally take place. Thales and President Zuma have long evaded accountability by employing Stalingrad tactics.
“We note that judgment on the State’s ‘Stop-Stalingrad’ application, designed to curb abusive litigation tactics, has been reserved. We keenly await the judgment and trust the Court will deliver a ruling that assesses the impact of endless procedural manoeuvres intended to wear down the prosecution and frustrate the interests of justice,” Balton said.
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Stay of prosecution and trial
Zuma and Thales sought a permanent stay of prosecution, claiming that the prolonged delays had infringed their right to a fair trial.
Chilli adjourned the matter to 24 April to give judgment on the state’s application and to set a trial date.
It is the state’s case that Zuma was kept on a corrupt retainer by his former financial advisor, Schabir Shaik, who then used his political clout to further his own business interests.
The National Prosecuting Authority (NPA) also claimed that Shaik facilitated a R500 000-a-year bribe for Zuma from French arms company Thales in exchange for his “political protection” from a potentially damaging arms deal inquiry.
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