Prosecution not buying Zuma’s ‘Stalingrad Season 27 conspiracy theories’

“Stalingrad – Season 27”.

That’s how advocate Wim Trengrove SC described former president Jacob Zuma’s latest legal bid to try and wriggle out of the corruption charges he’s facing over the arms deal by moving a special plea for a recusal of the lead prosecutor in the case, Billy Downer.

As part of his special plea, Zuma also wants an inquiry “into the extent of involvement of foreign intelligence agencies in my prosecution and more particularly in my political role”.

But Trengrove on Monday argued before the Pietermaritzburg High Court that these “conspiracy theories” had already been ventilated in the spy tapes case and in Zuma’s unsuccessful application for a stay of prosecution.

“There is a demand for an inquisitorial investigation by the court of the conspiracy theories of Mr Zuma which have been debunked again and again and again,” he said, “This application is Stalingrad – Season 27 and that is all it is”.

The special plea was set down to be heard virtually on Monday. This as a result of the Covid pandemic and the violence and unrest that swept through the country last week. But then Zuma’s legal team brought a last-minute application to postpone it until he could appear in person and Judge Piet Koen – who is presiding over the case – instead wound up hearing that.

Zuma appeared before Koen via video link from Estcourt Prison, where he’s currently serving a 15-month jail term for contempt, over his refusal to abide by a Constitutional Court order to appear before the state capture commission of inquiry. Some had thought he might be donning orange overalls for the occasion but the former president was dressed in a suit and tie, albeit looking somewhat dishevelled.

Outside the court building itself, meanwhile, there was calm, with a heavy police and South African National Defence Force (SANDF) presence.

Trengrove argued for the court to throw out Zuma’s postponement application as well as his special plea.

“The accused has for more than ten years taken every point in the book to avoid his day in court. He desperately seeks to avoid answering the charges of corruption, fraud and money-laundering made against him,” he charged.

But the former president’s legal team was adamant his fair trial rights were in jeopardy.

Proceedings kicked off with submissions from Zuma’s advocate, Dali Mpofu SC, who argued that over the course of the last 20 days – since he was found guilty of contempt – Zuma had had “very negative experiences” relating to his fair trial rights.

“Ironically he was convicted and sentenced in his absence by the Constitutional Court,” Mpfou said, “It’s a matter of once bitten, twice shy”.

What Mpofu didn’t say, though, was that Zuma chose not to participate in the Constitutional Court proceedings.

Part of Zuma’s reasoning for asking for a postponement is that he claims he wants to give oral evidence in the special plea. But the state’s position is that this isn’t necessary – or true.

In any case, Trengrove argued, the notion that the former president wanted to give evidence himself was in fact “not a true reflection of the case he’s made”. 

Citing Zuma’s own papers,  Trengrove said: “What he demands when he speaks of oral evidence is the opportunity to cross-examine Mr Downer and a variety of other state officials”.

Trengrove said there was no offer to give evidence, only “a demand for an investigation by the court of the conspiracy theories by Mr Zuma which have been debunked”.

“An accused doesn’t have a right without any foundation in fact to demand that a series of state officials be called up for his interrogation and his attempt to make a case where none existed before,” Trengrove said.

“What does exist is conspiracy theories in abundance … But each one of them falls foul of the fundamental differentiation our law makes between inference on the one hand and conjecture on the other”.