The Ahmed Kathrada Foundation welcomes the Pietermaritzburg High Court’s decision on Wednesday refusing an appeal by French arms company, Thales, and former President Jacob Zuma to have charges against them dropped.
The dismissal of the appeal to obtain a stay of prosecution is a significant step forward in the long-running arms deal corruption case.
Judge Nkosinathi Chili ruled that the Court does not have the authority to withdraw charges, reaffirming his decision in June last year that the power to halt prosecutions lies with the State.
The Judge also found that the absence of two witnesses – who had died several years ago – would not violate the right to the fair trial. While Thales has argued that the deaths of key former directors have prejudiced its defence, the Court’s position is that any alleged prejudice should be dealt with within the trial itself.
Judgment on the prosecution’s bid to stop the defense using appeal processes to continue delaying the trial has, however, been reserved. This decision is expected to follow after a Supreme Court case deliberating a similar matter concludes in April 2026.
The Foundation’s Executive Director, Neeshan Balton said, “The dismissal of the latest appeal in the arms deal case paves the way for the trial to finally take place. Thales and President Zuma have long evaded accountability by employing Stalingrad tactics.”
He added, “We note that judgment on the State’s ‘Stop-Stalingrad’ application, designed to curb abusive litigation tactics, has been reserved. We keenly await the judgment and trust the Court will deliver a ruling that assesses the impact of endless procedural maneuvers intended to wear down the prosecution and frustrate the interests of justice.”
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Issued by the Ahmed Kathrada Foundation
For media inquiries, please contact:
Anele Gcwabe
Communications Manager
Ahmed Kathrada Foundation
083-278-8832
anele@kathradafoundation.org
