A legal analyst Mpumelelo Zikalala says the postponement of former President Jacob Zuma’s corruption trial is not surprising. The trial has been rescheduled for May 17 by the Pietermaritzburg High Court.
According to Zikalala, this demonstrates Zuma’s constitutional right as a South African.
Judge Piet Koen has ruled that the corruption trial must be adjourned pending Zuma’s reconsideration application before the Supreme Court of Appeal (SCA) in Bloemfontein.
Zuma wants SCA to reconsider its dismissal of his petition to have advocate Billy Downer removed as lead prosecutor in his trial. The Pietermaritzburg High court had earlier ruled against his special plea and also dismissed his leave to appeal the decision.
The former President was not present in court due to ill health.
Judge Koen says the court had no discretion to refuse an adjournment as he had to allow the appeals process to take its course. “It does not seem to me that this court has much of discretion if it has one at all to deny those appeal rights statutorily ordained unless perhaps in the clearest of cases where there is an abuse of rights, the appeals process should be allowed to run its course.”
Zuma and French arms company Thales face charges of racketeering, corruption and money laundering linked to the multibillion-rand arms deal.
Zikalala says the judge is bound to make sure all processes are followed in accordance with the law.
“I think we are cementing the rights of the former President to say no matter how hard you can try, let’s also remember the former President is a human being. Section 35 of the Constitution still applies to him. [It] may seem as if it’s a delaying tactic,” adds Zikalala.
“But what he is doing is making sure that the processes that are going to lead to his day in court are just and in accordance with the law. So there is no time wasted according to Judge Koen, it’s simply him making sure that things are done [accordingly].”
The video below is the interview with Legal analyst, Mpumelelo Zikalala:
Former President Zuma’s fraud and corruption trial postponed:
