The State v Jacob Gedleyihlekisa Zuma and Another (Thales South Africa (Pty) Ltd)

The matter arises from the long-running criminal prosecution of the first accused, Mr Jacob Gedleyihlekisa Zuma, and the second accused, Thales South Africa (Pty) Ltd. On 9 September 2021, the High Court was seized only with procedural issues. By agreement between the State and the accused, the matter was placed before Koen J to regulate the further conduct of the proceedings. At this stage, the first accused had indicated an intention to pursue a special plea under section 106(1)(h) of the Criminal Procedure Act 51 of 1977, and there was also an application for leave to supplement papers. The accused were not present, and the court was asked to adjourn the matter and issue directions regarding further affidavits and attendance.

The matter was adjourned to 21 and 22 September 2021 for the hearing of the first accused’s special plea and any further postponement application. The State was directed to file an answering affidavit by 16 September 2021, the first accused to file a replying affidavit by 20 September 2021, and the second accused’s representative was excused from attending the adjourned hearing.

This order is procedurally significant within the broader Zuma/Thales prosecution, as it managed the timetable for the hearing of a special plea under section 106(1)(h) of the Criminal Procedure Act. However, it does not establish any new legal principle and has limited precedential value beyond case management in complex criminal proceedings.