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"title": "Judge ‘surprised’, State ‘dismayed’, but absent Zuma scores another delay",
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"description": "Daily Maverick is an independent online news publication and weekly print newspaper in South Africa.\r\n\r\nIt is known for breaking some of the defining stories of South Africa in the past decade, including the Marikana Massacre, in which the South African Police Service killed 34 miners in August 2012.\r\n\r\nIt also investigated the Gupta Leaks, which won the 2019 Global Shining Light Award.\r\n\r\nThat investigation was credited with exposing the Indian-born Gupta family and former President Jacob Zuma for their role in the systemic political corruption referred to as state capture.\r\n\r\nIn 2018, co-founder and editor-in-chief Branislav ‘Branko’ Brkic was awarded the country’s prestigious Nat Nakasa Award, recognised for initiating the investigative collaboration after receiving the hard drive that included the email tranche.\r\n\r\nIn 2021, co-founder and CEO Styli Charalambous also received the award.\r\n\r\nDaily Maverick covers the latest political and news developments in South Africa with breaking news updates, analysis, opinions and more.",
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"contents": "<span style=\"font-weight: 400;\">Former president Jacob Zuma, allegedly still battling illness, did not make an appearance in the Pietermaritzburg High Court for what turned out to be a brief sitting to grant another postponement.</span>\r\n\r\n<span style=\"font-weight: 400;\">The latest delay rests with the apparent sluggishness of the office of Supreme Court of Appeal (SCA) president Mandisa Maya. She must decide whether she will hear an application brought by Zuma more than a month ago. </span>\r\n\r\n<span style=\"font-weight: 400;\">“I am a bit surprised. Normally these matters are dealt with quickly,” said Judge Piet Koen at the start of proceedings. </span>\r\n\r\n<span style=\"font-weight: 400;\">He asked lead prosecutor Billy Downer: “Can you confirm when the application was filed? Has it been confirmed that it has made its way to the [SCA] president?” </span>\r\n\r\n<span style=\"font-weight: 400;\">Downer replied: “The last message I received from the registrar was that it is on its way to [Maya]. The reason for the delay is unclear to me. It is not our mandate to interrogate that. It has been received; the papers are on their way to the president.”</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1266705\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6679.jpg\" alt=\"\" width=\"720\" height=\"345\" /> Members of Jacob Zuma's defence team, advocates Nqabayethu Buthelezi and Ndumiso Xulu, in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)</p>\r\n\r\n<span style=\"font-weight: 400;\">He was told on Monday that the appeal was on its way to Maya, Downer clarified, when asked by Koen. </span>\r\n\r\n<span style=\"font-weight: 400;\">“We did not file an answer to speed up the process, and we urged that the matter be speeded up. We did what we could to have a result today, but be that as it may, we don’t have a result today,” said Downer. </span>\r\n\r\n<span style=\"font-weight: 400;\">Maya is to decide on a reconsideration application that Zuma’s legal team made in terms of section 17.2(f) of the Superior Courts Act. This allows an SCA judge president to personally intervene and have a matter heard by the SCA. </span>\r\n\r\n<span style=\"font-weight: 400;\">In February, </span><a href=\"https://www.dailymaverick.co.za/article/2022-03-31-supreme-court-torpedoes-zumas-latest-bid-to-wriggle-out-of-longstanding-arms-deal-charges/\"><span style=\"font-weight: 400;\">the SCA dismissed the appeal application</span></a><span style=\"font-weight: 400;\">, which led to Zuma’s legal team attempting a direct approach. Until that has been heard, the trial is on hold.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1266706\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6697.jpg\" alt=\"\" width=\"720\" height=\"407\" /> French arms company Thales's lawyer Barry Roux in court for the Arms Deal matter on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)</p>\r\n\r\n<span style=\"font-weight: 400;\">Zuma wants the SCA to hear his so-called special plea appeal, in which he is chiefly </span><a href=\"https://www.dailymaverick.co.za/article/2022-01-31-zumas-fight-to-remove-prosecutor-billy-downer-from-arms-deal-trial-continues/\"><span style=\"font-weight: 400;\">seeking to have Downer removed as the prosecutor</span></a><span style=\"font-weight: 400;\">, on the strength that he has no standing and is not fair and impartial. Should this happen, the former president believes he should be acquitted of all charges. </span>\r\n\r\n<span style=\"font-weight: 400;\">Downer, as he has done previously, said the State was dismayed at yet another postponement. Koen agreed. </span>\r\n\r\n<span style=\"font-weight: 400;\">“I am also concerned about the delay in the demonstration of justice, but also the accused, particularly accused number two,” said Koen, referring to French arms manufacturer Thales. </span>\r\n\r\n<span style=\"font-weight: 400;\">Koen and Downer both agreed that Zuma and his legal team were likely to exhaust all available appeal processes, up to the Constitutional Court. Zuma’s team has previously said it will take the matter all the way to the apex court in its pursuit of “justice”. </span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1266708\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6761.jpg\" alt=\"\" width=\"720\" height=\"409\" /> Prosecutor Billy Downer in court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)</p>\r\n\r\n<span style=\"font-weight: 400;\">Said Koen: “All we can do is sit out this process of further appeals. I don’t believe there is any substance in these processes. We will have to entertain these processes. They form an important part of an accused’s right. Let’s just manage the process.” </span>\r\n\r\n<span style=\"font-weight: 400;\">He hoped, said the judge, that Maya would make her decision known shortly. </span>\r\n\r\n<span style=\"font-weight: 400;\">Should she reject Zuma’s application, he will have 15 days to make an application to the apex court. </span>\r\n\r\n<span style=\"font-weight: 400;\">A new holding date (Tuesday had also been set down as such) was set down for 1 August, by which time it is anticipated the appeals would have been decided upon. </span>\r\n\r\n<span style=\"font-weight: 400;\">Should this be the case, the trial could start on 15 August. But, as Koen said, Zuma’s senior counsel, advocate Dali Mpofu, did “raise with me why are we booking trial dates now when the progress of the matter is not certain depending on what happens in the Constitutional Court”. </span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1266710\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6905.jpg\" alt=\"\" width=\"720\" height=\"453\" /> Former MK Military Veterans’ Association spokesperson Carl Niehaus has a word with former Msunduzi deputy mayor Thobani Zuma in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)</p>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1266703\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6661.jpg\" alt=\"\" width=\"720\" height=\"371\" /> Former president Jacob Zuma's daughter Duduzile Zuma, Carl Niehaus and Jacob Zuma Foundation spokesperson Jimmy Manyi in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)</p>\r\n\r\n<span style=\"font-weight: 400;\">“I said I would imagine that the best argument is that we need to keep counsel diaries open so that if we need to go to trial, we are not looking at another year’s delay.” </span>\r\n\r\n<span style=\"font-weight: 400;\">The former president is accused of receiving 791 payments, totalling R4.1-million, between 1995 and 2004 from his former financial adviser/economic adviser, Schabir Shaik, and Shaik’s companies to help Thales secure lucrative defence contracts from the government as part of South Africa’s armaments deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">Downer was part of the original team that successfully secured Shaik’s conviction in 2005. Shaik was released on medical parole in March 2009.</span>\r\n\r\n[embed]https://www.dailymaverick.co.za/article/2022-05-17-sca-judge-president-maya-drags-her-heels-on-zuma-case-raising-eyebrows/[/embed]\r\n\r\n<span style=\"font-weight: 400;\">Zuma is facing one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud. Thales is facing one count of racketeering, two counts of corruption and one count of money laundering.</span>\r\n\r\n<span style=\"font-weight: 400;\">Both parties have pleaded not guilty to all charges. </span><b>DM</b>\r\n\r\n \r\n\r\n[hearken id=\"daily-maverick/9472\"]",
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"name": "Former president Jacob Zuma's daughter Duduzile Zuma,Carl Niehaus and Jacob Zuma foundation spokesperson Jimmy Manyi present in court for Jacob Zuma's case on 17 May 2022.Photo:Doctor Ngcobo/African News Agency(ANA)/Pool",
"description": "<span style=\"font-weight: 400;\">Former president Jacob Zuma, allegedly still battling illness, did not make an appearance in the Pietermaritzburg High Court for what turned out to be a brief sitting to grant another postponement.</span>\r\n\r\n<span style=\"font-weight: 400;\">The latest delay rests with the apparent sluggishness of the office of Supreme Court of Appeal (SCA) president Mandisa Maya. She must decide whether she will hear an application brought by Zuma more than a month ago. </span>\r\n\r\n<span style=\"font-weight: 400;\">“I am a bit surprised. Normally these matters are dealt with quickly,” said Judge Piet Koen at the start of proceedings. </span>\r\n\r\n<span style=\"font-weight: 400;\">He asked lead prosecutor Billy Downer: “Can you confirm when the application was filed? Has it been confirmed that it has made its way to the [SCA] president?” </span>\r\n\r\n<span style=\"font-weight: 400;\">Downer replied: “The last message I received from the registrar was that it is on its way to [Maya]. The reason for the delay is unclear to me. It is not our mandate to interrogate that. It has been received; the papers are on their way to the president.”</span>\r\n\r\n[caption id=\"attachment_1266705\" align=\"alignnone\" width=\"720\"]<img class=\"size-full wp-image-1266705\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6679.jpg\" alt=\"\" width=\"720\" height=\"345\" /> Members of Jacob Zuma's defence team, advocates Nqabayethu Buthelezi and Ndumiso Xulu, in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">He was told on Monday that the appeal was on its way to Maya, Downer clarified, when asked by Koen. </span>\r\n\r\n<span style=\"font-weight: 400;\">“We did not file an answer to speed up the process, and we urged that the matter be speeded up. We did what we could to have a result today, but be that as it may, we don’t have a result today,” said Downer. </span>\r\n\r\n<span style=\"font-weight: 400;\">Maya is to decide on a reconsideration application that Zuma’s legal team made in terms of section 17.2(f) of the Superior Courts Act. This allows an SCA judge president to personally intervene and have a matter heard by the SCA. </span>\r\n\r\n<span style=\"font-weight: 400;\">In February, </span><a href=\"https://www.dailymaverick.co.za/article/2022-03-31-supreme-court-torpedoes-zumas-latest-bid-to-wriggle-out-of-longstanding-arms-deal-charges/\"><span style=\"font-weight: 400;\">the SCA dismissed the appeal application</span></a><span style=\"font-weight: 400;\">, which led to Zuma’s legal team attempting a direct approach. Until that has been heard, the trial is on hold.</span>\r\n\r\n[caption id=\"attachment_1266706\" align=\"alignnone\" width=\"720\"]<img class=\"size-full wp-image-1266706\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6697.jpg\" alt=\"\" width=\"720\" height=\"407\" /> French arms company Thales's lawyer Barry Roux in court for the Arms Deal matter on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Zuma wants the SCA to hear his so-called special plea appeal, in which he is chiefly </span><a href=\"https://www.dailymaverick.co.za/article/2022-01-31-zumas-fight-to-remove-prosecutor-billy-downer-from-arms-deal-trial-continues/\"><span style=\"font-weight: 400;\">seeking to have Downer removed as the prosecutor</span></a><span style=\"font-weight: 400;\">, on the strength that he has no standing and is not fair and impartial. Should this happen, the former president believes he should be acquitted of all charges. </span>\r\n\r\n<span style=\"font-weight: 400;\">Downer, as he has done previously, said the State was dismayed at yet another postponement. Koen agreed. </span>\r\n\r\n<span style=\"font-weight: 400;\">“I am also concerned about the delay in the demonstration of justice, but also the accused, particularly accused number two,” said Koen, referring to French arms manufacturer Thales. </span>\r\n\r\n<span style=\"font-weight: 400;\">Koen and Downer both agreed that Zuma and his legal team were likely to exhaust all available appeal processes, up to the Constitutional Court. Zuma’s team has previously said it will take the matter all the way to the apex court in its pursuit of “justice”. </span>\r\n\r\n[caption id=\"attachment_1266708\" align=\"alignnone\" width=\"720\"]<img class=\"size-full wp-image-1266708\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6761.jpg\" alt=\"\" width=\"720\" height=\"409\" /> Prosecutor Billy Downer in court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Said Koen: “All we can do is sit out this process of further appeals. I don’t believe there is any substance in these processes. We will have to entertain these processes. They form an important part of an accused’s right. Let’s just manage the process.” </span>\r\n\r\n<span style=\"font-weight: 400;\">He hoped, said the judge, that Maya would make her decision known shortly. </span>\r\n\r\n<span style=\"font-weight: 400;\">Should she reject Zuma’s application, he will have 15 days to make an application to the apex court. </span>\r\n\r\n<span style=\"font-weight: 400;\">A new holding date (Tuesday had also been set down as such) was set down for 1 August, by which time it is anticipated the appeals would have been decided upon. </span>\r\n\r\n<span style=\"font-weight: 400;\">Should this be the case, the trial could start on 15 August. But, as Koen said, Zuma’s senior counsel, advocate Dali Mpofu, did “raise with me why are we booking trial dates now when the progress of the matter is not certain depending on what happens in the Constitutional Court”. </span>\r\n\r\n[caption id=\"attachment_1266710\" align=\"alignnone\" width=\"720\"]<img class=\"size-full wp-image-1266710\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6905.jpg\" alt=\"\" width=\"720\" height=\"453\" /> Former MK Military Veterans’ Association spokesperson Carl Niehaus has a word with former Msunduzi deputy mayor Thobani Zuma in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)[/caption]\r\n\r\n[caption id=\"attachment_1266703\" align=\"alignnone\" width=\"720\"]<img class=\"size-full wp-image-1266703\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2022/05/GX0F6661.jpg\" alt=\"\" width=\"720\" height=\"371\" /> Former president Jacob Zuma's daughter Duduzile Zuma, Carl Niehaus and Jacob Zuma Foundation spokesperson Jimmy Manyi in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">“I said I would imagine that the best argument is that we need to keep counsel diaries open so that if we need to go to trial, we are not looking at another year’s delay.” </span>\r\n\r\n<span style=\"font-weight: 400;\">The former president is accused of receiving 791 payments, totalling R4.1-million, between 1995 and 2004 from his former financial adviser/economic adviser, Schabir Shaik, and Shaik’s companies to help Thales secure lucrative defence contracts from the government as part of South Africa’s armaments deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">Downer was part of the original team that successfully secured Shaik’s conviction in 2005. Shaik was released on medical parole in March 2009.</span>\r\n\r\n[embed]https://www.dailymaverick.co.za/article/2022-05-17-sca-judge-president-maya-drags-her-heels-on-zuma-case-raising-eyebrows/[/embed]\r\n\r\n<span style=\"font-weight: 400;\">Zuma is facing one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud. Thales is facing one count of racketeering, two counts of corruption and one count of money laundering.</span>\r\n\r\n<span style=\"font-weight: 400;\">Both parties have pleaded not guilty to all charges. </span><b>DM</b>\r\n\r\n \r\n\r\n[hearken id=\"daily-maverick/9472\"]",
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"summary": "The Stalingrad defence used by Jacob Zuma throughout the protracted Arms Deal matter continues to bear fruit, as more delays were announced in the fraud and corruption case against the former president in the Pietermaritzburg High Court on Tuesday.",
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Members of Jacob Zuma's defence team, advocates Nqabayethu Buthelezi and Ndumiso Xulu, in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)
French arms company Thales's lawyer Barry Roux in court for the Arms Deal matter on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)
Prosecutor Billy Downer in court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)
Former MK Military Veterans’ Association spokesperson Carl Niehaus has a word with former Msunduzi deputy mayor Thobani Zuma in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)
Former president Jacob Zuma's daughter Duduzile Zuma, Carl Niehaus and Jacob Zuma Foundation spokesperson Jimmy Manyi in the Pietermaritzburg High Court on 17 May 2022. (Photo: Doctor Ngcobo / African News Agency (ANA) / Pool)