https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / High Courts RSS ← Back
Africa
Africa
africa
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

S v Zuma and Another; Thales South Africa (Pty) Limited v KwaZulu-Natal Director of Public Prosecutions and Others (CCD30/18, D12763/18) [2019] ZAKZPHC 76

Close

Embed Video

S v Zuma and Another; Thales South Africa (Pty) Limited v KwaZulu-Natal Director of Public Prosecutions and Others (CCD30/18, D12763/18) [2019] ZAKZPHC 76

S v Zuma and Another; Thales South Africa (Pty) Limited v KwaZulu-Natal Director of Public Prosecutions and Others (CCD30/18, D12763/18) [2019] ZAKZPHC 76

3rd December 2019

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Click here to read the full judgment on Saflii

[1]     Before us for decision, are two applications for leave to appeal against the judgment and orders we made on 11 October 2019, firstly dismissing Mr J. G. Zuma’s and Thales’ applications for permanent stay of prosecutions with costs and; secondly in Thales’ case only, dismissing its application for an order reviewing and setting aside the 2018 decision of Mr Shaun Abrahams, the former National Director of Public Prosecutions (NDPP) to reinstate the prosecution against it.

Advertisement

[2]     Mr Zuma seeks leave to appeal to the Supreme Court of Appeal (the SCA) on the grounds embodied in his notice of appeal dated 1 November 2019. We shall refrain from repeating them in great detail except in so far as it may be necessary for the purposes of this judgment. We have classified them into three categories. The first entailed the constitution of the court hearing the application for permanent stay. The complaint in this regard was that it was an irregularity for the criminal trial to be reconstituted and the application to be heard as a civil trial by a Full Court of the High Court as this was contrary to the provisions of ss 110(2) and 145 of the Criminal Procedure Act 51 of 1977 (the Act). The contention was that the application should have been heard before a criminal court constituted as such to conduct Mr Zuma’s criminal trial. Consequently, so the contention goes, the Full Court had no jurisdiction to conduct a criminal trial including interlocutory applications brought before a criminal court to determine whether there was a legal or factual basis on which the prosecution of Mr Zuma before that trial court should be permanently stayed. Ultimately, the contention is that this constituted a gross irregularity warranting the setting aside of the proceedings.

To watch Creamer Media's latest video reports, click here
 
Advertisement

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now