[EXPLAINER] How Zuma wants to avoid standing trial
Former president Jacob Zuma has indicated that he intends to try one more legal avenue to avoid standing trail on charges of fraud and corruption.
Both defence and state acknowledged in the Durban High Court on Friday the intention by Zuma to take National Director of Public Prosecution (NDPP) Shaun Abrahams' decision to prosecute on review.
But what does this mean?
Legal counsel told Judge Themba Sishi that the former president hopes to finalise the review application by 15 May.
He is facing one count of racketeering, two counts of corruption, one of money laundering and 12 counts of fraud.
1. What does the 'permanent stay of prosecution'- argument mean?
Legal expert at Wits University Professor Stephen Tuson says it is based on the Criminal Procedure Act (CPA).
The accused will have to make an application to a court saying: "I have been prejudice, this matter has been 10 years outstanding, they have never prosecuted me, it is unreasonable," says Tuson.
2. Zuma made representations to Abrahams, which were rejected. Will this have an effect?
According to Tuson, Zuma will have to apply directly to the trial judge. The judge will then consider the reasons given by Abrahams on why he decided to reinstate the charges.
"I want you to tell them that I am being prejudged by this unreasonable delay."
3. Friday was Zuma's first appearance in court. It took approximately 10 years for the summons to be served. Does this constitute an 'unreasonable delay'?
"It is within a reasonable time. There are cases where the case has started but get postponed, postponed, postponed endlessly and the defence can say it is unreasonable."
4. The judge finds an 'unreasonable delay'. What then?
The judge has the discretion to grant the application and also possesses several powers. The court can therefore order any that seems fair in the circumstances.
5. How will Zuma review Abrahams' decision to reinstitute charges?
His decision to review falls under Administrative Law. According to Tuson, the former president will have to apply to a High Court arguing that the decision taken, which affects him, was not fair and rational.
Zuma is expected back in court on June 8.