Zuma trial: Decision to charge Thales was a ‘knee-jerk, status quo decision’

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Zuma trial: Decision to charge Thales was a ‘knee-jerk, status quo decision’, by JKwritingz

“Thales has been treated as an add-on, like something floating around. Whatever happens to Zuma is meted out to Thales. If charges are dropped for Zuma the same happens to Thales; when they are reinstated Thales is dragged along. There are no constitutional grounds followed.

His second argument closely mirrored the argument made by Zuma’s legal team yesterday when it, like Thales, sought a permanent stay of prosecution from the high court. Katz attempted to convince the court that Abrahams acted irrationally when he reinstituted charges against Thales, relying on highly technical arguments over interpretations of the Constitution, and how the powers of the national director of public prosecutions are delegated.

“The respondents have provided no other independent reason as to why the national director of public prosecutions took almost a decade to make the decision to reinstitute the prosecution. Nor have the respondents provided any evidence of special circumstances which justify the decision. However, Steyn argued that former national director of public prosecutions Mokotedi Mpshe made the decision to withdraw the charges against Zuma and Thales in 2009 and then their reinstatement could have been as a result that the two parties were facing similar allegations and not because Thales was being treated as collateral damage.

 

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