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'Slow justice system not grounds to grant a permanent stay of prosecution'

20 May 2019 1:30 PM
Tags:
Jacob Zuma
court case
Pietermaritzburg High Court
Senior lecturer Kelly Phelps says the court is unlikely to approve Zuma's application only because it took time to charge him.

Former president Jacob Zuma is back in the Pietermaritzburg High Court where his permanent stay of the prosecution application is being heard on Monday morning.

He faces charges of corruption, racketeering, money-laundering and fraud related to the controversial multi-billion rand arms deal in the late 1990s.

Read: Jacob Zuma back in court today, lawyer plans isiZulu opening statement

Zuma has filed his heads of argument in which his legal team has provided at least 300 pages outlining its basis for the permanent stay application, citing that there's a political conspiracy against him.

To discuss the application, Ray White on the Xolani Gwala Show speaks to EWN reporter Clement Manyathela and University of Cape Town (UCT) senior lecturer Kelly Phelps.

Manyathela gives a rundown of what is happening in court.

The court is hearing the opening statements from Jacob Zuma's legal team which is led by Advocate Muzi Sikhakhane. He describes this case as the imperfection of law and politics.

Clement Manyathela, Reporter - EWN

He speaks about how society has unleashed mob justice on the former president, saying he was treated with less humanity.

Clement Manyathela, Reporter - EWN

Manyathela says Zuma's counsel says he may not like the former president but he cannot be treated outside the bounds of the Constitution. Phelps joins the conversation and says even though 'justice delayed can be justice denied', we should be clear that all justice happens slowly.

Merely saying that a case has taken a long time to come to court or it has taken a long time to progress will not be sufficient ground to find a permanent stay of prosecution. Only because the wheels of justice move slowly, it wouldn't be enough ground to grant a permanent stay of prosecution.

Kelly Phelps, Senior lecturer - University of Cape Town

Listen below to the full interview:


This article first appeared on 702 : 'Slow justice system not grounds to grant a permanent stay of prosecution'


20 May 2019 1:30 PM
Tags:
Jacob Zuma
court case
Pietermaritzburg High Court

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