Business Day

Zuma launches lastditch bid to halt trial

- Karyn Maughan

Former president Jacob Zuma made a last-ditch attempt on Thursday to stop his corruption trial going ahead. Zuma’s lawyers launched a Constituti­onal Court challenge to the dismissal by the high court in Pietermari­tzburg of his applicatio­n for a permanent stay of prosecutio­n.

Former president Jacob Zuma made a last-ditch attempt on Thursday to stop his corruption trial going ahead.

Zuma’s lawyers launched a Constituti­onal Court challenge to the dismissal by the high court in Pietermari­tzburg of his applicatio­n for a permanent stay of prosecutio­n.

He argues that three high court judges failed to address “constituti­onal violations” he suffered at the hands of the National Prosecutin­g Authority (NPA), and insists he has a “reasonable prospect of success” of convincing the Constituti­onal Court of his appeal arguments.

Zuma contends that the conduct of the NPA was “so egregious” in its deviation from the provisions of the constituti­on and prosecutor­ial laws and policies that “it should be disqualifi­ed from performing my prosecutio­n”. He continues to insist that he has no prospect of receiving a fair trial if he is prosecuted by the NPA.

Three high court judges last year dismissed Zuma’s arguments that his prosecutio­n wa tainted fatally by undue delay, prosecutor­ial misconduct and political interferen­ce, and found that the “seriousnes­s of the offences that Mr Zuma is facing far outweighs any prejudice which he claims he will suffer if the trial proceeds”.

The court agreed with the NPA’s argument that Zuma could raise his complaints during his criminal trial, rather than attempt to use them to avoid that trial altogether.

More than two weeks ago, the Supreme Court of Appeal dismissed Zuma’s attempt to overturn the high court’s decision, after finding that his arguments did not have any reasonable prospect of success.

That decision would have cleared the way for Zuma to go on trial as soon as May this year.

But Zuma now argues in court papers that SA’s highest court should hear his appeal because of “constituti­onal violations” committed by the NPA in the 15-year-old case against him.

Zuma stands accused of receiving hundreds of payments totalling more than R4m from his former financial adviser, Schabir Shaik, in exchange for his support and promotion of Shaik’s business interests.

Shaik was convicted in 2005 of corrupting Zuma and facilitati­ng a R500,000-a-year bribe for him from French arms company Thales, in exchange for Zuma’s “political protection” from any possible investigat­ion of the controvers­ial multibilli­on-rand arms deal.

Zuma remains adamant that he should have been tried with Shaik in 2003, and has accused then NPA head Bulelani Ngcuka of deliberate­ly choosing not to charge him in order to thwart his chances of winning leadership of the ANC. He insists the state used Shaik’s trial as a “dry run” for his prosecutio­n, and effectivel­y denied him the right to defend himself.

He further argues that the Pietermari­tzburg high court “failed dismally to conduct an evaluation of the conduct and decisions of the NPA from the era of Ngcuka to [former NPA head Shaun] Abrahams”.

According to Zuma, it is “not only in the interests of justice” that the Constituti­onal Court should hear his appeal but also because it “accords with the proper administra­tion of justice under our constituti­onal dispensati­on”.

Zuma is due back at the Pietermari­tzburg high court on May 6. He did not attend his last court hearing in February, his lawyers said, because he was seeking medical treatment for an unspecifie­d “serious condition” overseas.

High court judge Dhaya Pillay did not accept an alleged sick note provided by Zuma’s legal team as acceptable evidence of his condition, and issued a warrant of arrest against him, which was suspended until his appearance in May.

 ?? /Freddy Mavunda ?? Reasonable prospects: Former president Jacob Zuma insists he has a “reasonable prospect of success” at the Constituti­onal Court.
/Freddy Mavunda Reasonable prospects: Former president Jacob Zuma insists he has a “reasonable prospect of success” at the Constituti­onal Court.

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