Zuma's Defence Likely To Say Case Cannot Proceed Until Legal Fees Issue Is Resolved

Zuma's lawyers will probably tell the court on Friday that the case cannot go ahead until the DA's application to stop the state funding his case has been heard.
Then ANC president Jacob Zuma speaking to his lawyer, Michael Hulley, ahead of a press conference after appearing at the Durban high court in South Africa on April 7 2009.
Then ANC president Jacob Zuma speaking to his lawyer, Michael Hulley, ahead of a press conference after appearing at the Durban high court in South Africa on April 7 2009.
Rogan Ward / Reuters

Legal teams for former president Jacob Zuma and arms deal company Thint will most likely ask for a postponement in the Durban high court on Friday, primarily because they want to review the National Prosecuting Authority decision to prosecute them. But the issue of who is going to fund Zuma's legal defence has not been resolved and Zuma's lawyers are likely to tell the court they cannot proceed until this has been sorted out, according to reports.

Thint is the French arms company that is accused of bribing Zuma to ensure his protection should any arms deal investigations take place. According to Times Select, Thint lawyers are likely to tell the court on Friday that the company wants a postponement so that it can make representations to the NPA, arguing that there is no case against them.

But at stake is also the question of who is going to pay for Zuma's legal defence.

President Cyril Ramaphosa previously revealed in Parliament, in response to questions from opposition parties, that the state had an agreement with Zuma to pay his legal fees unless he is found guilty of corruption.

It is reportedly estimated that his legal fees have exceeded R32-million thus far.

The DA plans to go to court to stop the state from spending any more money on Zuma's court battles. In a statement in March, the DA said, "We will also fight to ensure the public do not have to carry the costs of Zuma's defence, as they have already done for the past nine years."

According to Times Select, Ramaphosa told the EFF and the DA that government is bound by its agreement with Zuma unless a court sets it aside.

Zuma's lawyer, Michael Hulley, told Business Day that Zuma's legal team will tell the court on Friday that the case cannot proceed until the issue has been resolved.

Meanwhile, News24 reported on Thursday that respected lawyer, advocate Billy Downer, will lead the state's case. The senior counsel is a deputy director of public prosecutions in the Western Cape and was part of the original team that brought the case against Zuma before the charges were dropped in 2009. He formed part of the team appointed by national director of public prosecutions Shaun Abrahams, which was tasked with deciding if the case against Zuma should go ahead now.

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