The urgent application by French arms dealer Thint to have criminal charges against it dropped is to be argued in the Pietermaritzburg High Court on Tuesday.
Judge Nick van der Reyden set the date on Friday after hearing arguments from the counsel for the National Directorate of Public Prosecutions (NDPP) that the application should either be struck from the roll or adjourned as non-urgent.
Van der Reyden said his view is that the matter should be resolved as soon as possible.
Thint, formerly known as Thomson CSF and Thales, has been charged along with Schabir Shaik and nine other companies with corruption and fraud related the controversial multibillion-rand arms deal.
The Scorpions have already given Thint a written assurance that charges will be dropped in return for evidence, but this will happen only when the trial starts on October 11.
However, Thint last week filed papers seeking to have the charges withdrawn now.
Kessie Naidoo, appearing for Thint, initially told the court on Friday that he would have to stand down from the case because he may have to give evidence in it.
He said this is because the NDPP’s court papers include an account of a ”confidential” meeting he had on behalf of Thint with NDPP boss Bulelani Ngcuka on July 21.
It is ”a sheer disgrace and a shame” that Ngcuka chose to breach the fundamental rule of the legal profession that such discussions are privileged and off the record.
However, after a brief adjournment, Naidoo told Van der Reyden he has been instructed that he should argue the issue of whether the application deserves to be regarded as urgent.
He said Thint’s business interests worldwide and particularly in South Africa are being seriously affected by its having been charged and the accompanying negative publicity.
”The sooner charges are withdrawn, the sooner the prejudice suffered by the applicant will begin to abate.”
Richard Salmon, for the NDPP, said he ”strenuously” opposes the matter being treated as urgent.
He said Thint has shown total disregard for court rules, has made no case for urgency and has made no prior demands for relief.
He also said Thint will in any case be named when the criminal trial begins.
”They cannot rely [in the urgent application] on prejudice which they will [in] any case suffer,” he said. — Sapa