Africa-Press – South-Africa. The National Prosecuting Authority (NPA) has asked the KwaZulu-Natal High Court to issue an order compelling Jacob Zuma’s long-delayed corruption trial to proceed.
It wants the trial to get underway regardless of any further appeals or applications.
The case has been stalled for nearly 20 years, and the NPA argues that the former president’s so-called “Stalingrad strategy” has derailed justice and cost taxpayers millions.
Legal journalist, Karyn Maughan, said the application to the court was certainly not the usual process.
“The interesting thing is, we have had this pathology with the NPA giving authority where any legal attack that’s mounted by the accused before the trial gets underway is tolerated.”
The case, involving Zuma and French arms company, Thales, stems from allegations of corruption, racketeering, and fraud linked to the controversial multibillion-rand arms deal.
Despite being charged as far back as 2005, Zuma has yet to face trial.
“My understanding is [the State] got legal advice quite some time ago that said, in the instance where accused people were bringing reviews of the NPA’s decision to prosecute them, he said, get the people to then interdict the State from proceeding with its case and proceed with the case anyway, and the NPA did not follow that advice.”
Maughan said that since Zuma’s own attempts to privately prosecute her and State Advocate Billy Downer, the NPA feels emboldened to pursue this type of unprecedented application.
“Because the courts saw private prosecution as the ultimate embodiment of the so-called Stalingrad approach.”
Zuma has repeatedly failed in his attempts to remove prosecutor Billy Downer, arguing that Downer’s alleged bias would undermine his right to a fair trial.
The NPA’s latest move couldset a powerful precedent, one that limits the ability of accused persons to indefinitely delay criminal trials through procedural abuse.
Maughn said there was precedent from the courts coming down hard on those who attempt to make “mid-stream” appeals.
“They’ve said, if you are unhappy about this particular point that you are unhappy about, you can appeal this when you appeal your conviction.”
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