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The Pietermaritzburg High Court has dismissed with costs former president Jacob Zuma’s application for leave to appeal a judgment passed last month that paved the way for him and co-accused French arms company Thales to face prosecution for their role in the alleged arms deal corruption.
Last month the full bench of judges dismissed Zuma’s claims that the prosecution was too tainted to go ahead saying they was “no evidence” that Advocate Mokotedi Mpshe’s decision to reinstate the corruption charges against the former president was politically motivated.
Last week, Zuma’s lawyers argued that the Supreme Court of Appeal (SCA) may arrive at a different conclusion and the former president may eventually be granted a permanent stay of prosecution.
This argument was opposed by the National Prosecuting Authority (NPA) saying the prospects of him succeeding at the appeal court were very slim.
The NPA’s Andrew Breytenbach accused Zuma of again engaging in delaying tactics.
Breytenbach argued that Zuma’s lawyers were not submitting any rational or compelling reasons why they believed the SCA could arrive at a different ruling.
Zuma’s lawyer Muzi Sikhakhane argued that his client would be prejudiced if the case proceeded, the same argument that he had given before the court before last month’s ruling that Zuma should share the blame along with the NPA for the delays in his prosecution.
Furthermore, Zuma’s legal team argued that there had been significant political interference in the proceedings, an argument dismissed by Judge Thoba Poyo-Dlwati, who said this had not been widely accepted.
The only recourse that Zuma could seek now is to approach the SCA and should he fail to get a favourable ruling, he could also approach the Constitutional Court as a matter of last resort.
Zuma faces 16 charges of fraud, money laundering, corruption and racketeering linked to 783 payments that Thales allegedly made to him in connection with the infamous arms deal.
His criminal trial, which was set to start in the Pietermaritzburg High Court last month, is now scheduled to start on February 4 next year.
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