Zuma’s arms deal appeal bid dismissed
Former President Jacob Zuma and French arms company Thales incurred another legal blow after the KZN High Court (Pietermaritzburg) dismissed their application for leave to appeal a ruling previously handed down against them.
EWN reports that it ruled that there were no compelling reasons to grant leave to appeal in the arms deal matter.
In June, they argued that two of their key witnesses had died and they would not be guaranteed a fair trial.
However, the court dismissed the application, with Judge Nkosinathi Chili ruling they had a case to answer: ‘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.’
The Citizen reports that Chili said at the inception of Advocate Dali Mpofu SC’s argument, he reiterated that comments made during the hearing of the application that the application before the court was not that of Zuma, but that of Thales.
‘Those comments reinforced the findings made by this court that if Thales’ case fails, then Mr Zuma’s should also fail,’ noted Chilli.
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. Thales contends that its defence has been severely compromised by the deaths of two key witnesses – former directors Pierre Moynot and Alain Thétard – who both lived in SA during the arms deal period.
However, in June, Judge Chili ruled that the court had no authority to withdraw charges and was not convinced that the accused would suffer irreparable prejudice.
If Zuma does not approach the SCA for special leave, evidence will finally be heard in the arms deal matter, 27 years after the alleged crime.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
