Zuma’s application for stay of prosecution fails
Former president Jacob Zuma’s application for a permanent stay of prosecution in relation to his fraud, money laundering, racketeering and corruption charges was dismissed with costs yesterday, with the court scathing in its criticism of both Zuma and the National Prosecuting Authority (NPA).
Judges Thoba Poyo-Dlwati, Bhekisisa Mnguni and Esther Steyn dismissed the application at the KwaZulu-Natal High Court in Pietermaritzburg.
In the criminal case against him, the former president faces charges of fraud, money laundering, racketeering and corruption which relate to alleged bribes paid to him by French arms company Thales – one of the successful contractors in the multibillion-rand arms deal.
He wanted the court to grant him a stay of prosecution, which would have effectively made him immune to the charges.
Thales, which faces charges of money laundering, corruption and racketeering, had asked for a similar relief.
The court said Zuma and the NPA are equally complicit in causing a near eight-year delay in bringing the serious fraud and corruption charges against the former president to court.
For more than a decade, Zuma had been facing 18 charges of fraud, corruption, money laundering and racketeering, relating to 783 payments totalling over R4 million, which his former financial adviser Schabir Shaik paid to him between 1996 and 2002.
Shaik was found guilty of fraud in 2005.
Zuma argued that his prosecution was nothing but a sophisticated political plot designed to tarnish his name.
He also told the court his constitutional rights to a fair and speedy trial had been violated as a result of the undue delays. But the court did not agree. “As the NPA and Mr Zuma formed common cause in opposing the Democratic Alliance [DA] review application, the whole period between April 2009 and October 2017 cannot be termed as unreasonable as they were both complicit in their actions,” the judgment reads.
To support his argument of political plots, Zuma pointed to the spy tapes and the motivations of former Scorpions boss Leonard McCarthy who was secretly recorded speaking of his intention to serve the indictment on Zuma after the ANC’s 2007 Polokwane conference.
Again, the court did not find this to be credible support for his argument.
“Timing of the service of the indictment does not impact on the strength of the state’s case against Mr Zuma and the prosecution of the case.”
The trial has been set down to begin on Tuesday, but it is not yet clear whether Zuma or Thales intend to appeal yesterday’s judgment.
DA MP Glynnis Breytenbach said the main opposition party was always at the forefront of the fight to make sure that Zuma was not allowed to escape accountability, despite his attempts to interfere with the workings of the NPA. – Additional Reporting by News24 Wire