The state has filed what it calls the “Stop Stalingrad” application in the long-running arms deal corruption case involving former president Jacob Zuma and French defence company Thales. The move seeks to put an end to years of delays that have stalled the trial.
The application was heard on Thursday before Pietermaritzburg high court judge Nkosinathi Chili, who had earlier ruled that the criminal trial must proceed regardless of any pending applications for leave to appeal.
State prosecutor Wim Trengove argued that such an order would help restore confidence in the justice system. He said the defence had used a pattern of repeated appeals and interlocutory applications to delay proceedings for 18 years.
However, Zuma’s lawyer, Dali Mpofu, criticised the state’s move, calling it the “Zuma must fall” application and arguing that Zuma and Thales were being denied their constitutional right to appeal.
Zuma and Thales pleaded not guilty to charges of racketeering, fraud, corruption and money laundering in May 2021. Since then, the trial has been repeatedly delayed, with no evidence led.
The matter returned to court following Judge Chili’s June ruling dismissing an application by Thales — supported by Zuma — to stop the prosecution. The two accused argued that the deaths of former Thales executives Pierre Moynot and Alain Thetard had prejudiced their defence because the men could no longer testify or be cross-examined.
Chili ruled that any such prejudice could be addressed during the trial itself. Zuma and Thales are now seeking leave to appeal that decision, while the state is opposing their bid and pushing forward with its own application to ensure the trial proceeds.
Judge Chili questioned whether it was in the interests of justice to consider the merits of the “Stop Stalingrad” application, noting that whatever judgment he issued would likely be appealed, causing further delays.
During arguments, Trengove said the defence had filed eight unsuccessful interlocutory applications, each appealed to the highest courts.
“This strategy has delayed this case for 18 years,” he said, describing the process as a “merry-go-round” that prevented the trial from starting.
He argued that while the accused were free to file further applications, the court could still direct the trial to proceed while appeals were underway. He said this approach would offer the only hope of breaking the cycle of delays.
Advocate Barry Roux, representing Thales, objected to his client being grouped with Zuma’s defence strategy. He said Thales had only been part of four interlocutory applications and that forcing it into trial would cause “grave harm”. He insisted that the intended appeal should be allowed to run its course.
Mpofu argued that the state’s application was “sensational” and accused prosecutors of undermining legitimate legal processes. He maintained that the appeal was necessary because the key figure linked to the alleged “encrypted fax” — Thetard — had died, making cross-examination impossible.
Mpofu added that the constitution granted every accused person the right to appeal, and this right could not be limited.
Judge Chili reserved judgment on both the state’s application and the defence’s leave to appeal request. He is expected to deliver his rulings on January 23.
