Published Letter in the Sowetan of 06 February 2023

 Stop delays in Zuma's Arms Deal Trial

Every accused person has a right to a speedy trial. This right is contained in the Constitution: "[The] right to a fair trial... includes the right to... have their trial begin and conclude without unreasonable delay."

Jacob Zuma's arms deal case has been on the roll for over a decade. The trial was suppose to resume on January 31 but judge Piet Koen recused himself and it was postponed to April 17.

In other cases, the right to a speedy trial is guarded by lawyers because delays prejudice the accused. Even when the accused is not kept in custody, there is a stigmatization that inevitably arises from being an accused.

Zuma's lawyers caused these delays instead of objecting. It seems as if it was done deliberately to delay proceedings. When the matter was set to resume, they filed a special plea for the lead prosecutor adv Billy Downer to be recused and Koen dismissed this.

When everyone expected the matter to continue, they appealed to the Supreme Court of Appeal (SCA) and when it was dismissed, they applied for the president of the SCA to reconsider. When the president dismissed their application, they initiated a private prosecution against Downer and the matter was postponed. Now when the trial is set to resume, it is postponed again.

Section 342A of the Criminal Procedure Act does not only prevent the state from causing delays, but it also prevents the accused from abusing legal processes and lists what can be done if there are unjustified and unreasonable delays by either the accused or the court. One of them is that the court, after finding the delays are unjustified and unreasonable can refuse more postponements. This can be appropriate in this case to dispose of it expeditiously in the interest of the public.