August court date wins Zuma time

Applause rang out at the virtual sitting of the high court in Pietermaritzburg on Tuesday after the judge granted former president Jacob Zuma a postponement in the arms deal corruption trial.

The person applauding was not visible but Zuma’s senior counsel, Dali Mpofu, was evidently pleased.

The delay Zuma has achieved is a partial, short-term win that buys him time before his next court appearance in the same high court in a criminal trial over alleged kickbacks (and other alleged crimes) dating back to the arms deal of the 1990s.

Efforts by Zuma’s lawyer to guarantee the trial would only proceed if the former president were physically in court (and not participating virtually) have not persuaded the judge to change direction on virtual hearings.

The postponement buys Zuma time in a criminal case he has sought to derail and aims to bring to a definitive halt. He claims the matter is so beset by problems of political and intelligence interference that it cannot justly proceed.

LONG GAME

Zuma’s long game to scupper the case and evade jail time in the arms deal corruption trial is two-pronged. For this reason, the three days set down for proceedings in August are paramount.

First, he aims to persuade the court that advocate Billy Downer of the National Prosecuting Authority (NPA) must be recused from the criminal trial for bias.

Second, contingent on Downer’s recusal, Zuma wants to be fully acquitted. This would shield him from being prosecuted on the same charges in future.

Judge Piet Koen has ordered issues relating to Zuma’s special plea for Downer’s recusal to be ventilated from August 10 to 13. Despite argument that Zuma must be physically present in court, and that to appear virtually would be a limitation on his right to a fair trial, Koen maintains that his existing directive on virtual hearings stands until he is persuaded otherwise.

This means that while Zuma has won a short-term postponement in the criminal case, his lawyers have yet to persuade Koen that virtual hearings are unlawful and irregular.

Koen has instructed parties to give reasons why a virtual hearing would lead to prejudice. On Wednesday August 4, he will inform them of the format for Zuma’s next appearance.

On Monday, Zuma’s lawyers motivated for a postponement in the matter before Koen.

The proceedings were held virtually, with Zuma appearing via video link from Estcourt prison. He was present online when Koen issued his order granting postponement.

CONTEMPT

Zuma is serving a 15-month sentence for contempt of a Constitutional Court order impelling him to comply with summonses to testify at the state capture inquiry.

Since his incarceration in the early hours of Thursday, July 8, the former president has approached the apex court in an attempt to have its order rescinded. His lawyers have motivated for the 79-year-old’s release pending the decision, which is yet to be issued.

Mpofu has told the high court that Zuma could be released from behind bars within as little as three weeks. Mpofu conceded no-one knew precisely when the Constitutional Court would rule on Zuma’s rescission application but reasoned — based on the court’s handling of similar matters — that it could occur by early August.

Argument from advocate Wim Trengove for the state, pressing Koen to proceed with the “business of the day” on Monday concerning Downer’s recusal, failed to move the judge to deny Zuma a postponement.

Trengove asserted Zuma was employing his characteristic Stalingrad litigation tactic, and insisted a virtual hearing was lawful.

In the arms deal corruption trial, Zuma has been charged with corruption, fraud, money laundering, racketeering and tax evasion. He pleaded not guilty on May 26.

Once an accused has pleaded, there is no turning back for the trial: either the accused will be acquitted or sentenced. Zuma seeks the first outcome, sooner rather than later.