French arms company Thales has lodged an application in the Pietermaritzburg high court for full acquittal in the arms deal case in which it faces corruption and racketeering charges
French arms company Thales has lodged an application in the Pietermaritzburg high court for full acquittal in the arms deal case in which it faces corruption and racketeering charges.
The application, filed on Wednesday, argues that excessive delays in the proceedings have compromised its right to a fair trial. Thales contends that the prolonged legal battle has eroded its ability to mount a proper defence, particularly following the deaths of two key witnesses.
It seeks a court order that would prohibit the National Prosecuting Authority (NPA) from proceeding with the charges, effectively resulting in an acquittal on all counts.
Thales’ attorney, Cameron Dunstan-Smith, said since pleading not guilty to the charges in May 2021, the company has experienced repeated postponements, with the case being delayed on 16 separate occasions through no fault of its own.
“More than half a decade after that judgment and numerous costly and unreasonable delays to the criminal trial, the severe prejudice foreshadowed in the permanent stay application has now materialised, rendering it impossible for Thales to receive a fair trial,” Dunstan-Smith said.
In January 2021, the Pietermaritzburg high court dismissed Thales’ separate application to set aside the charges, a decision that bolstered the state’s case against the company and Zuma.
The NPA has attributed the repeated postponements to the numerous legal challenges raised by the defence teams.
The NPA has also accused Zuma of employing what has been described as a “Stalingrad” strategy — a series of legal manoeuvres designed to delay the trial and weaken the prosecution’s case.
The deceased witnesses were Thales director Pierre Moynot, who agreed with the NPA that company boss Alain Thetard — also now dead — would produce evidence on the affidavit.
The legal team argues that the resulting loss of evidence constitutes an “irremediable infringement” of Thales’ constitutional right to a fair trial, as enshrined in section 35(3)(i) of the Constitution.
This section guarantees every accused the opportunity to present and challenge evidence in a court of law. The company’s application argues that the prolonged delay, coupled with the untimely deaths of its witnesses, has rendered it impossible to secure a trial that meets this constitutional benchmark.
“The importance of Thetard and Moynot in the criminal trial cannot be overstated. They are the only individuals who can testify on behalf of Thales in relation to the charges against it and to assist Thales in challenging any evidence led by the state against it,” Thales said.
The charges against the company, alongside those against former president Jacob Zuma, date back to a controversial multibillion-rand arms deal finalised in the late 1990s during Zuma’s tenure as vice-president.
Initially charged in 2005, the case was removed from the roll before being reinstated in 2007. In 2009, the NPA withdrew the charges, but the supreme court of appeal later overturned that decision, and the case was reinstated in 2018.
Zuma pleaded not guilty when the trial began in May 2021. In March 2024, a court rejected his bid to remove state prosecutor Billy Downer from the trial on the grounds of alleged bias, ruling that Downer’s role did not compromise Zuma’s right to a fair trial.
After delays during the pre-trial phase, the trial is set to resume in April, with both Zuma and Thales maintaining their not-guilty pleas.
Thales is accused of paying bribes to Zuma through his former financial adviser, Schabir Shaik, to secure lucrative defence contracts, a claim it has consistently denied.
Both Thales and Zuma have persistently rejected the allegations made against them.
“This is denied by Thales. However, again, only Thetard could speak to this,” Dustin-Smith said.
“Clearly, therefore, in the absence of testimony from Thetard, Moynot and indeed cross-examination of Delique, it is impossible for Thales to challenge the allegations advanced by the state.”
For its part, the NPA has maintained that it is prepared to proceed with the trial despite the delays.
NPA spokesperson advocate Mthunzi Mhaga confirmed the filing of Thales’ application, saying the authority would vigorously oppose the move.
“The NPA will vigorously argue in opposition to the application as we believe it has no merit and stands to be dismissed,” Mhaga said.