Another delay in Zuma case

Former president Jacob Zuma will not be present today when his arms deal-related corruption case again comes before Pietermaritzburg High Court judge Piet Koen.

Today was set as a “holding date” for feedback from the Supreme Court of Appeal (SCA) on whether its president, judge Mandisa Maya, had given thought to Zuma’s “reconsideration” application after two SCA judges previously denied him leave to appeal against a ruling by Koen.

The order effectively dismissed his bid to have lead prosecutor advocate Billy Downer barred from prosecuting him.

Koen, when the matter was last before him in April, excused Zuma, absent because of illness, and the representative of French Arms company Thales from attending.

Yesterday, NPA spokesperson Mthunzi Mhaga said there had been no communication from the SCA.

“The judge will now have to determine what happens,” he said.

Zuma’s spokesperson, Mzwanele Manyi, confirmed there had been no outcome from the SCA. Asked how Zuma was health-wise, he said: “On and off.”

Previously, in his ruling again postponing the trial pending the SCA ruling, Koen said in terms of the law he could not set a date for the continuation of the trial until the outcome of the “reconsideration” application.

This was because SA law dictated that if an appeal had been lodged against a ruling, that ruling was automatically suspended unless it could be shown, in very exceptional circumstances, that the appeal was an abuse of court processes, he said.

In this matter, the state had not done enough to prove this.

Koen did, however, refer to the interests of justice inherent in the trial proceeding and said it needed to be closely managed by judicial oversight.

Because of this, he set May 31 as the next trial date. He said the second and third court terms had been set aside for the trial. Because of the delays he said the fourth (last term) would also be set aside.

With no word from the SCA, today he will have to set another holding date and another, new proposed date for the continuation of the trial.

Zuma and Thales face charges of racketeering, corruption, money laundering and fraud relating to the arms deal.

Zuma is accused of receiving about R4m via his ex-financial adviser, Schabir Shaik, to assist Thales to secure defence contracts.

Shaik was convicted in 2005 but released on medical parole in 2009.