Zuma’s Endless Battle: Arms Deal Saga Continues

Key Takeaways:

• The arms deal corruption case against former president Jacob Zuma and French arms company Thales will be back in the Pietermaritzburg high court on Thursday and Friday.
• Zuma and Thales have applied for leave to appeal a previous ruling that denied their bid to have the trial stopped.
• The state is opposing the appeal and has filed a separate application to have the trial proceed despite any pending appeals.
• The case has been delayed for years due to various applications and appeals, with the state arguing that Zuma has adopted a "Stalingrad" approach to delay the trial.
• The trial has been ongoing since 2018, with Zuma pleading not guilty to charges of fraud, corruption, racketeering, and money laundering.

Introduction to the Case
The arms deal corruption case against former president Jacob Zuma and French arms company Thales is set to return to the Pietermaritzburg high court on Thursday and Friday. This comes six months after the case was last in court, where judge Nkosinathi Chili ruled against Zuma and Thales’ bid to have the trial stopped. The ruling was met with opposition from both parties, who indicated that they would consider appealing the decision. This has now been confirmed by the Jacob Zuma Foundation, which has applied for leave to appeal, with oral argument set to proceed on Thursday.

The State’s Opposition to the Appeal
The state is opposing the granting of leave to appeal, and has also filed a separate application seeking an order that the criminal trial proceed despite any pending appeals. The state argues that Zuma has adopted a "Stalingrad" approach, delaying the trial through various doomed-to-fail applications and appeals. This approach has resulted in significant delays, with the trial having been ongoing since 2018. The state is expected to argue that the trial must proceed, citing the interests of justice and the need to bring the matter to a close.

The History of the Case
Zuma first appeared in court on the charges in 2018, pleading not guilty to fraud, corruption, racketeering, and money laundering. However, he subsequently initiated a series of applications, including a bid to remove lead prosecutor Billy Downer from the case and a private prosecution of Downer and journalist Karyn Maughan. None of these applications were successful, and the case has been delayed as a result. Thales, on the other hand, has largely stood by, but earlier this year launched its own application arguing that it could not get a fair trial due to the death of key witnesses.

The Implications of the Case
The case has significant implications, not only for Zuma and Thales, but also for the justice system as a whole. The delays and appeals have resulted in a significant backlog of cases, and the state is eager to bring the matter to a close. However, Zuma’s legal team is determined to oppose any attempt to proceed with the trial, citing the need for all applications and appeals to be heard before the trial can proceed. As advocate Dali Mpofu, for Zuma, noted, "It’s unthinkable that a trial can continue when two applications, one about the removal of the prosecutor, have not been decided, and when there is a Thales application that has serious implications as to whether there will be a trial at all if your judgment is reversed."

The Road Ahead
Regardless of how judge Chili rules on the latest applications, the case is likely to be appealed to higher courts, including the Constitutional Court. This could result in further delays, potentially taking more than a year to resolve. The state is likely to argue that the trial must proceed, citing the interests of justice and the need to bring the matter to a close. However, Zuma’s legal team will continue to oppose any attempt to proceed with the trial, citing the need for all applications and appeals to be heard. As the case continues to unfold, it remains to be seen how the justice system will balance the need for a fair trial with the need to bring the matter to a close.