- A permanent stay of prosecution was refused because the accused failed to prove that a fair trial was impossible.
- The court found that much of the delay was caused by the defence’s own litigation steps.
- Both accused must now face a full criminal trial on corruption, fraud and related arms deal charges.
The prosecution of former president Jacob Zuma and French defence contractor Thales Group will proceed after the High Court in Pietermaritzburg rejected their attempt to have the case permanently halted.
Framing the issue squarely, the court held that halting a prosecution is an exceptional remedy and cannot be granted on general complaints about delay or allegations of political motive.
The judge said serious criminal allegations “ought, in the interests of justice, to be ventilated at trial,” and warned that an accused “cannot create delay and then rely on that very delay to escape prosecution.” The ruling makes clear that the arms deal case must now be resolved through evidence in court, not further procedural challenges.
Main points from the judgment
- The application for a permanent stay of prosecution was dismissed because such relief is extraordinary and requires proof that a fair trial is no longer possible.
- The court found no concrete or irreparable trial prejudice arising from the age of the case, holding that delay alone is insufficient.
- A substantial portion of the delay was attributed to the defence’s own interlocutory applications and appeals, meaning the accused could not rely on self-created postponements to avoid trial.
- Allegations of political interference and prosecutorial misconduct were found to be unsupported by evidence and incapable of justifying termination of the prosecution.
- The indictment was confirmed as valid and discloses charges, including corruption, fraud, racketeering and money laundering linked to the Strategic Defence Procurement Package.
- Attempts by Thales to avoid or separate its prosecution failed, with the court finding that the company must stand trial alongside Zuma.
- The court stressed the strong public interest in accountability where allegations concern high public office and large-scale state procurement.
- The matter will proceed to a full criminal trial where witnesses and documentary evidence will be tested in open court.
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