Zuma and Thales suffer setback as court clears way for arms deal trial

Former president Jacob Zuma and French arms company Thales have suffered another legal setback, with the Pietermaritzburg High Court shutting down their attempt to have corruption charges dropped and clearing the way for the long-running arms deal trial to move ahead. Judge Nkosinathi Chili had reserved judgment in December last year after hearing arguments on their attempt to appeal his June ruling, in which he refused to grant a permanent stay of prosecution. The latest ruling clears the way for the long-running arms deal trial to proceed.

However, one key application remains outstanding — the State’s so-called “stop Stalingrad” application against both accused, aimed at preventing further delaying tactics. Judge Chili said his forthcoming ruling on that application will rely in part on a decision still to be handed down by the Supreme Court of Appeal (SCA) inState v Luphondo, a case the State has relied on in its arguments. The matter was adjourned to April 24 for that judgment.

In its leave-to-appeal bid, Thales argued that its defence has been severely prejudiced by the deaths of two key witnesses — former directors Pierre Moynot and Alain Thétard — who were based in South Africa during the arms deal period. Moynot died in January 2021 and Thétard in Germany in September 2022, with formal confirmation of their deaths only obtained in late 2021 and in 2024 respectively. Thales submitted that crucial aspects of the State’s case fall within the personal knowledge of the deceased witnesses and that no other individuals can provide that evidence. While the State has indicated it will not challenge the admissibility of certain hearsay evidence, it has not conceded its correctness, the company argued.