S v Zuma and Another (CCD30/2018, D12763/2018)
S v Zuma and Another (CCD30/2018, D12763/2018) [2019] ZAKZDHC 19; [2019] 4 All SA 845 (KZD); 2020 (2) BCLR 153 (KZD) (11 October 2019)
The court held that neither Mr Zuma nor Thales established definitive trial prejudice resulting from the delay in prosecution. The delays were largely systemic, and both parties contributed through litigation. The seriousness of the charges, including corruption and racketeering, outweighed any claimed prejudice. The NDPP was empowered by s 179(2) of the Constitution and s 22(1) of the NPA Act to re-institute prosecution, and the decision was rational and in accordance with prosecution policy. The withdrawal of charges against Thales was based on a false premise, and the re-institution restor…
Source excerpt
- Permanent Stay Of Prosecution
- Unreasonable Delay
- Prosecutorial Misconduct
- Political Interference
- Fair Trial Rights
- Prosecution Policy