By Thapelo Molefe
Former president Jacob Zuma has suffered another legal setback after the KwaZulu-Natal High Court in Pietermaritzburg ruled that his long-running arms deal corruption trial must proceed.
Judge Nkosinathi Chili delivered judgment on Thursday on the state’s so-called “Stop Stalingrad” application, brought by the National Prosecuting Authority (NPA) against Zuma and French arms company Thales.
After the ruling, the parties agreed that the trial would start on 1 February 2027 and run for two court terms.
The state approached the court after Zuma and Thales sought to appeal a previous ruling that dismissed their bid to have the charges against them quashed. The NPA argued that the matter had been delayed for years by repeated legal challenges and interlocutory applications.
In his judgment, Chili traced the lengthy history of litigation in the matter, including failed applications for a permanent stay of prosecution, attempts to remove prosecutor Billy Downer from the case, and private prosecution proceedings instituted by Zuma against Downer and journalist Karyn Maughan.
The judge noted that many of these applications had already been dismissed by various courts, including the Supreme Court of Appeal and the Constitutional Court.
Chili said several courts had already found that Zuma was employing “Stalingrad” tactics to delay the proceedings.
“A factual finding has been made several times, not only by the full court of this division and the Gauteng division, but also by the Supreme Court of Appeal that Mr Zuma is implementing Stalingrad defence tactics to delay the commencement of the trial,” Chili said.
He rejected Zuma’s argument that previous courts had ruled that he was not using delaying tactics, saying no such finding had been made.
The judge also dismissed arguments that the state’s application unfairly targeted Zuma alone, saying the state had accused both Zuma and Thales of using delaying tactics, although to different degrees.
Chili said there had been an “inordinate delay” in the prosecution of Zuma and Thales and warned that the administration of justice could be brought into disrepute if the matter did not proceed.
“Without this court’s intervention, it is my view that there is a likelihood of grave injustice or the administration of justice being brought into disrepute,” he said.
He added that the court had a duty to ensure public confidence in the justice system.
“This court owes the public a duty to facilitate the expeditious commencement and management of the criminal trial,” Chili said.
Chili ordered that the trial must proceed regardless of interlocutory applications brought by either the state or the defence.
Zuma is accused of receiving 791 payments worth a total of R4.1 million between 1995 and 2004 from his former financial adviser, Schabir Shaik, and Shaik’s companies.
The state alleges the payments were made to help French arms company Thales secure lucrative defence contracts linked to the arms deal.
Downer was part of the original prosecution team that secured Shaik’s conviction in 2005. Shaik was released on medical parole in March 2009.
Zuma faces one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud.
Thales faces one count of racketeering, two counts of corruption and one count of money laundering.
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