Legal expert Advocate Makhosazane Mbonane says the Pietermaritzburg High Court will have to satisfy itself that former President Jacob Zuma and his co-accused Thales suffered prejudice while also taking into consideration the interest of justice.
Both Zuma and Thales want charges against them quashed arguing among other things the delays in the prosecution process. While Zuma is citing political meddling in prosecuting him – which he says was done by both the NPA and the then Scorpions.
Mbonane says, “When making a ruling on whether they should grant a permanent stay of prosecution, there are three requirements that legally have to be fulfilled. First the court will have to look at the nature of the prejudice suffered by the accused, second the court will have to look at the nature of the case, and you have to weigh the interest of justice against the right of the accused. The final consideration that the court will have to take is a systematic delay.”
Meanwhile, security has been beefed up inside and outside the Pietermaritzburg High Court as the hearing for the permanent stay of prosecution matter continues in the Pietermaritzburg High Court.
The access inside the court is controlled by police.