It has taken two decades, several postponements, and millions in legal fees to kick-start former president Jacob Zuma’s arms deal case – and legal experts concede the politician’s “Stalingrad”- defence strategy has paid off.
Charged with French arms company Thales for fraud, corruption, money laundering, and racketeering, linked to the 1999 multi-billion-rand defence procurement project, Zuma’s pre-trial hearing yesterday resumed at the KwaZulu-Natal High Court in Pietermaritzburg, with his defence again pushing for the recusal of prosecutor Billy Downer.
Breaking from his earlier undertaking of not giving reasons on Downer’s non-recusal, Judge Nkosinathi Chili said “exceptional circumstances” existed that justify him providing reasons for the decision, that he would provide on 11 September.
Zuma’s ‘Stalingrad defence worked – ‘effectively’
Former public protector advocate Thuli Madonsela, academics Dr Llewellyn Curlewis and Professor Koos Malan, said the “Stalingrad” worked – “effectively”, according to Madonsela.
“The delays have undoubtedly bought him time, legitimacy, and public sympathy.
“Sympathy has been earned because the public does not know who is behind the undue delay.
“His current age (82) is also now working in his favour,” said Madonsela.
The arms deal case needed to be “reviewed from the state’s point of view”, she added.
‘Worthy investment of public resources?’
“Was it a worthy investment of public resources?
“Zuma was a minor player in the matter, whose role was political party influence. He had no state authority in the arms deal.
“Why pursue him and not those that handled the actual transactions?
“Is it possible that all of Zuma’s wrecking-ball antics that have taken our state institutions – particularly law enforcement – to the brink, have been part of his fight to stay out of jail,” Madonsela asked.
“Is it possible that even his co-capturing the state with the Guptas has been part of this survival strategy?
Zuma ‘partially successful in delaying the matter’
“Would he continue to be a wrecking ball if this case were dropped?”
Curlewis said Zuma was “partially successful in delaying the matter” for so long.
“The mere fact that he is older by now has its own implications going forward – even for the best scenario for the state.
“No-one in this country will see to it that an old person is incarcerated for a long term.
“With all the possibilities of appeals, further delays are inevitable – taking up another number of years to conclude,” said Curlewis.
‘One of the the most successful episodes of lawfare’
For Malan, Zuma’s “notorious Stalingrad antics, represent one of the most successful episodes of lawfare in SA’s legal history”.
“Yet, it has its own peculiar criteria for success and outlandish means for achieving this peculiar success,” said Malan.
“The criterion for success was not a favourable judgment at the conclusion of the trial as in any lawsuit. It’s criterion for success is the permanent voidance of a trial and a judgment.
“This is not that justice would run its course towards securing a favourable conclusion, but that justice would be avoided and therefore never run its course,” he said.
“Success in all lawfare would be skilful presentation of the cases of the parties and cogent legal argument. In Zuma’s case, it was the opposite: exploring loopholes and embarking on glaringly meritless, even absurd, ploys to avoid a trial and judgment.
Ploys to avoid trial and judgment
“The most glaringly ridiculous were the various attempts to privately prosecute the prosecutor and a journalist.
“The feebleness and folly of these legal antics are attested to by the fact that they all prove devoid of merit – having all eventually dismissed,” said Malan.
“The only effect was to waste a tremendous amount of time – leading to delays.”
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