Former president Jacob Zuma and his co-accused, Thales, will now face the arms deal trial despite outstanding appeal applications. The Pietermaritzburg High Court was justified to order the trial in the two-decade-long arms deal criminal case against Zuma and Thales to continue without being delayed further by interlocutory applications.
This is the view of legal expert Bongani Zaca who stated the delay in the criminal matter is a travesty of justice. 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.
Background of the Case
The charges against Zuma were first enrolled in 2005, withdrawn and reinstated in 2018 with Thales becoming the co-accused. The case is still ongoing without the start of the trial, which makes it one of the longest criminal matters in South Africa. For more information on the South African justice system,
The rape and murder of Cytheria Rex 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. Five men are still at the Pretoria High Court for the 2014 murder of Orlando Pirates and Bafana Bafana player Senzo Meyiwa, which started at the Boksburg Magistrate in October 2020.
Causes of the Delay
The arms deal trial delay was caused by a number of interlocutory applications, including Zuma’s unsuccessful attempt to remove State prosecutor Advocate Billy Downer from the matter. The matter was also delayed by Zuma’s unsuccessful attempt to privately prosecute Downer and journalist Karyn Maughan. Thales’s attempt to quash the case was the latest to delay the trial.
According to the South African Law Reports, Section 342A of the Criminal Procedure Act talks about the unreasonable delay and the Constitution talks about a right to a fair and speedy trial. Zaca said Chili’s ruling was in line with the Common Law that says criminal cases must be conducted speedily.
Here are some key points to consider:
- The trial has been delayed for over two decades
- Zuma and Thales have made several interlocutory applications to delay the trial
- The court has ruled that the trial should continue despite outstanding appeals
Zaca said it remains unclear how Chili’s judgment will be effectively enforced in case the accused have valid reason to challenge the court decisions. After Chili had in February dismissed Zuma and Thales attempt to have the case quashed, the matter is now set to proceed to trial.
