Justice Must Be Seen to Be Done!

By Michael Morris
Head of media at the SA Institute of Race Relations:

There can be little doubt most South Africans have applauded Judge Nkosinathi Chili’s ruling against any further delay in the interminable case against former President Jacob Zuma and French arms firm, Thales, which dates back to the earliest days of the country’s now long and expensive entanglement with corruption.

Justice being seen to be done without undue delay will be central to our success in decontaminating ourselves of the toxic effects of corruption, and affirming our commitment to the Constitution and the Rule of Law that we know are indispensable in sustaining an open, democratic society.

The case highlights a threat outlined in an earlier related matter in remarks by Supreme Court of Appeal Judge Malcolm Wallis in 2018, defining the so-called Stalingrad strategy now synonymous with what Judge Chili called the “inordinate delay in the prosecution of Mr Zuma and Thales”.

Judge Wallis wrote, as cited by Judge Chili this week:

“The term ‘Stalingrad defence’ has become a term of art in the armoury of criminal defence lawyers.

By allowing criminal trials to be postponed pending approaches to the civil courts, justice is delayed and the speedy trials for which the Constitution provides do not take place.

I need hardly add that this is of particular benefit to those who are well resourced and able to secure the services of the best lawyers.”

It’s fair to say one consequence of this strategy is the risk of eroding public trust in the courts in a country that is so keenly invested in justice being delivered.