AS IT HAPPENED: Judgment in Zuma bid to appeal decision dismissing stay of prosecution to be handed down next Friday

2019-11-22 15:00

Former president Jacob Zuma's legal team has continued his battle in the KZN High Court in Pietermaritzburg, appealing the decision to dismiss his application for a permanent stay of prosecution.

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Jacob Zuma is seen at the Johannesburg Commercial
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Last Updated at 10:57
22 Nov 16:05

Katz completes his arguments.

The judges thank all present for their submissions. "The judgment will be handed down on 29 November 2019, at 10:00."

Court adjourns.


22 Nov 15:53

Advocate Anton Katz for Thales is up again, addressing the court, and promises that his four submissions will be "sharp" in reply.


22 Nov 15:20

Breitenbach wraps up his submissions.


22 Nov 14:44

22 Nov 14:40

22 Nov 14:34

Breitenbach: "Mr Zuma has not demonstrated reasonable prospects of success in the legally relevant sense, namely a sound, rational basis showing he has a realistic chance of meeting the very high standard for an application for a stay of prosecution based on prejudice that isn't trial related."

Breitenbach: "His trial-related prejudice is utterly without foundation."


22 Nov 14:20

Breitenbach says the State will submit that the application by Zuma's legal team is ultimately a "hopeless application".

Breitenbach: "...on the evidence before the court, there is no prospect whatsoever of an appeal court coming to a different conclusion."


22 Nov 14:07

Proceedings resume after the lunch adjournment. Advocate Andrew Breitenbach, for the State, is still addressing the court.


22 Nov 13:02

Proceedings adjourn for lunch. Back at 14:00.


22 Nov 12:56

Breitenbach once again makes reference to the Shaik case, and its use in the arguments of Zuma's legal team.


22 Nov 12:51

Breitenbach: "We respectfully submit that none of Mr Zuma's grounds of appeal comes close to meeting this high standard..."


22 Nov 12:45

Advocate Andrew Breitenbach is now addressing the court on behalf of the State.


22 Nov 12:37

Advocate Katz, for French arms company Thales, wraps up his arguments, the crux of which is that they stand a good chance of another court finding differently in this matter.


22 Nov 12:02

22 Nov 11:56

22 Nov 11:50

Advocate Katz refers to case law to argue that one cannot interpret the Constitution through legislation.


22 Nov 11:48

22 Nov 11:48

22 Nov 11:27

Legal arguments are paused for a short adjournment. Back at 11:30.


22 Nov 11:24

Sikhakhane wraps up the submissions on behalf of Zuma's legal team.

Sikhakhane: "I submit that the court must accept the possibility of another court, and that the high possibility that another court will approach those very, very points differently and may be annoyed and irritated by things that did not irritate this court, as they did. And it's quite possible intellectually that those judges may engage with it, not better, but differently, and it will be a higher court." 



22 Nov 11:23

Sikhakhane: "We submit that - I've categorised them, between the delay, the Constitutional violations and others - I want to persuade this court that, even though I may have failed to persuade this court that it was wrong in some aspects, but I do think another court, in fact there are reasonable prospects that another court will jurisprudentially approach these questions differently. 

"And I'm not saying that because we have to get the order, I'm saying that because the debate about constitutionalism is a much more bigger debate than the mechanics of many cases that we do."


22 Nov 11:11

Sikhakhane: "The decision not to charge Mr Zuma with Shaik has much more impact than is made here, on his ability to face a fair trial in the future. Of course, a judge that is quoted here in the SCA, says well, it's not true that evidence admissible against this accused, or, not admissible against this accused, is the same, the same would apply.

"Well, I would like to differ with that proposition, because that theory itself doesn't take into account the nature of offences that a court might be dealing with."


22 Nov 11:03

22 Nov 11:03

Sikhakhane emphasises the basis of his argument, that the NPA's conduct in this matter may be seen differently by another court.


22 Nov 10:57

Sikhakhane continues to argue that the NPA is responsible for the delays in this legal matter.


22 Nov 10:51

22 Nov 10:51

22 Nov 10:38

22 Nov 10:31

Sikhakhane: "Once you've violated the NPA Act, and once you've violated your own independence and oath of office as the NPA, your entire process is tainted. And I'm saying that may be the distinction..."


22 Nov 10:28

Sikhakhane: "We accept that the judgment reflects your own reasoning and views on the facts that we placed before you. But we say, is that we raised the following points...that the violations that we raised, that the prejudices that we raised, that have been caused by what we call 'political interference', have compromised the integrity of the prosecution."


22 Nov 10:14

Sikhakhane: "This judgment is appealable..."


22 Nov 10:11

Former president Jacob Zuma's legal team starts proceedings by addressing the court, through Advocate Muzi Sikhakhane.


22 Nov 10:05

22 Nov 10:04

ICYMI: 

Zuma was angry after his name was used to facilitate Gupta landing, Zondo inquiry hears 

Former president Jacob Zuma was fully aware of the role played by former chief of state protocol Bruce Koloane in facilitating the Gupta Waterkloof landing in 2013 before appointing him as South African ambassador to the Netherlands, the state capture inquiry heard on Thursday. 

However, Zuma looked "very angry" when former minister of international relations and cooperation Maite Nkoana-Mashabane told him his name was used to facilitate the Waterkloof landing, she testified on Thursday.

In July, Koloane admitted before the inquiry that, in his role as former chief of state protocol, he had abused the powers of his office to facilitate the Gupta Waterkloof landing.


22 Nov 10:04

22 Nov 10:04

ICYMI: 

Zuma: If the public protector wants my tax records, she must have them 

Former president Jacob Zuma defended the public protector's right to access his tax records in a series of tweets on Tuesday afternoon.

Zuma was supposed to appear before the judicial commission of inquiry into state capture this week, but excused himself due to illness. 

Still, he has been busy on Twitter, defending public protector Busisiwe Mkhwebane who is currently in a legal battle with SARS commissioner Edward Kieswetter. 


22 Nov 10:04

ICYMI: 

'Overworked' Zuma out of hospital, thanks supporters for well wishes 

One of former president Jacob Zuma's sons, Edward Zuma, says his father is overworked and has been instructed by doctors to rest. 

Speaking to News24, Zuma junior said: "Like any other person of his age, he had to go to the doctors for a check-up.

"He is out of hospital, but has been instructed to rest because doctors say he is overworking himself. He doesn't get enough rest and for his age that is not allowed," Edward said on Saturday afternoon. 


22 Nov 10:04

ICYMI: 

Zuma yet to remove 'enemy agent' tweet as Hanekom welcomes defamation ruling 

Former tourism minister and ANC stalwart Derek Hanekom has welcomed the ruling of Judge Dhaya Pillay against former president Jacob Zuma's leave to appeal her ruling that his statement - that Hanekom was a "known enemy agent" - was defamatory. 

Zuma's bid for leave to appeal the court judgment was dismissed on Thursday, News24 reported. 

"In the opinion of this court an appeal of judgment would have no reasonable prospects of success before another court," Judge Pillay said in the KwaZulu-Natal High Court in Pietermaritzburg.

The application was dismissed with costs.

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