{"id":18302,"date":"2026-05-21T20:55:46","date_gmt":"2026-05-21T20:55:46","guid":{"rendered":"https:\/\/www.europesays.com\/france\/18302\/"},"modified":"2026-05-21T20:55:46","modified_gmt":"2026-05-21T20:55:46","slug":"legal-experts-weigh-in-as-court-orders-continuation-of-zuma-and-thales-arms-deal-trial","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/france\/18302\/","title":{"rendered":"Legal experts weigh in as court orders continuation of Zuma and Thales arms deal trial"},"content":{"rendered":"

Bongani Hans|Published 5 days ago<\/p>\n

\"Add<\/a>\"Follow<\/a><\/p>\n

The Pietermaritzburg High Court<\/a> was justified to order the trial in the two-decade-long arms deal criminal case against former president Jacob Zuma and Thales to continue without being delayed further by interlocutory applications.\u00a0<\/p>\n

This is the view of legal expert Bongani Zaca who stated the delay in the criminal matter is a\u00a0 travesty of justice.<\/p>\n

Judge Nkosinathi Chili on Thursday made an order that the longest case in South African history should commence with the trial, regardless of Zuma and Thales’ pending application, regarding their call for the case to be quashed.\u00a0<\/p>\n

The charges against Zuma were first enrolled in 2005 were withdrawn and reinstated in 2018 with Thales becoming the co-accused and is still going without the start of the trial, which makes it one of the longest criminal matters in South Africa.<\/p>\n

The rape and murder of Cytheria Rex <\/a>in Kraaifontein, Western Cape, in 2009 is another prolonged matter as five men were convicted in November 2024 but their sentencing was scheduled for January 2026.\u00a0<\/p>\n

Five men are still at the Pretoria High Court for the 2014 murder of Orlando Pirate and Bafana Bafana player Senzo Meyiwa<\/a>, which started at the Boksburg Magistrate in October 2020.\u00a0<\/p>\n

The arms deal trial delay was caused by a number of interlocutory applications, including Zuma\u2019s unsuccessful attempt to remove State prosecutor Advocate Billy Downer from the matter.\u00a0<\/p>\n

The matter was also delayed by Zuma\u2019s unsuccessful attempt to privately prosecute Downer and journalist Karyn Maughan.\u00a0<\/p>\n

Thales\u2019s attempt to quash the case was the latest to delay the trial.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\n

Zaca said Chili\u2019s ruling was in line with the Common Law that says criminal cases must be conducted speedily.<\/p>\n

\u201cSection 342A of the Criminal Procedure Act talks about the unreasonable delay and the Constitution talk about a right to a fair and speedy trial,\u201d said Zaca.<\/p>\n

However, he said the speedy trial principle does not prevent rights to a fair trial \u201cand to challenge decisions in the spirit of accountability\u201d.\u00a0<\/p>\n

\u201cThis is just something that cannot be prevented because once they say do not appeal, they are infringing your rights,\u201d said Zaca.\u00a0<\/p>\n

He said the arms deal trial has been delayed because if interested parties express their dissatisfaction about certain rulings they have rights to review or appeal.<\/p>\n

\u201cThe accused has a constitutional right, but it does not mean that it is absolute therefore it can be limited.<\/p>\n

\u201cThe accused cannot just raise delaying tactics for the sake of delaying the matter,\u201d he said.<\/p>\n

Zaca said it remains unclear how Chili\u2019s judgment will be effectively enforced in case the accused have valid reason to challenge the court decisions.<\/p>\n

After Chili had in February dismissed Zuma and Thales attempt to have the case quashed, the accused filed an application for leave to appeal that dismissal, which prompted National Prosecuting Authority (NPA)\u2019s Advocate Wim Trengove SC, to apply to Chili to make a ruling against their Stalingrad Tactics.<\/p>\n

In his ruling against the Stalingrad tactics, Judge Chili stated that it was in the interest of justice to proceed with the trial, irrespective of Zuma and Thales’ request to appeal his decision to dismiss their application to quash the trial.<\/p>\n

\u201cWithout this court\u2019s intervention, it is in my view that there is a likelihood of grave injustice or the administration of justice being brought into disrepute.<\/p>\n

\u201cA court has an obligation to guarantee public confidence in the judicial authority and the administration of justice, [therefore] this court owes the public a duty to facilitate the expeditious commencement of the criminal trial,\u201d Chili said.\u00a0<\/p>\n

He did not say the interested parties should no longer lodge appeal applications.\u00a0<\/p>\n

\u201cthe trial is to proceed irrespective of any interlocutory applications, either by the State or the defence ,\u201d he said.\u00a0<\/p>\n

After directing the NPA and the accused’s lawyers to approach the court registrar for a suitable trial date, Chili postponed the matter to February 1, 2027.\u00a0<\/p>\n

JG Zuma Foundation said Chili\u2019s ruling disregarded principles of fairness, rationality, and due process.\u00a0<\/p>\n

Zuma and Thales had applied to appeal Chili\u2019s rejection to quash the case at the Supreme Court of Appeal (SCA) arguing that several witnesses have died and those who are still alive have their memories of events of the matter faded.\u00a0<\/p>\n

\u201cEvidence has deteriorated, and the passage of time has irreparably prejudiced the ability of the accused to receive a fair trial.<\/p>\n

\u201cThe permanent stay application currently before the SCA is not peripheral to the matter, [but] it goes to the very heart of whether any fair and constitutionally compliant prosecution remains possible under the present circumstances.\u00a0<\/p>\n

\u201cIt is therefore difficult to comprehend the rational basis upon which the criminal proceedings are being pushed forward while a potentially decisive process is still under adjudication before a superior court,\u201d read the foundation\u2019s statement.\u00a0<\/p>\n

Another criminal law expert, Mpumelelo Zikalala, said the fact that witnesses were dying should be the reason for the trial to start without further delays.<\/p>\n

\u201cThat is why the trial should start because by the time you finish with interlocutory applications more people would have died and more memories would have diminished,\u201d he said.<\/p>\n

He said although the accused have rights to stall the case through lodging appeals and reviews, courts have interim jurisdictions, which allow them to stray away from the common law.<\/p>\n

\u201cThe general rule is that you (the court) should deal with all interlocutory applications, before you come back to the trial.\u00a0<\/p>\n

\u201cBut the exception to the rule would be if you see that one of the provisions in the Constitution is being broken, then you can depart from the general rule.<\/p>\n

\u201cThe accused have the right to a fair trial, meaning the trial must start and end within the shortest reasonable amount of time.<\/p>\n

\u201cThe right to a fair trial means that any impediments and delays allowed by the Criminal Procedure Act, the judge has the prerogative of dictating how the matter should be conducted,\u201d said Zikalala.<\/p>\n

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