Zuma’s and Thint’s legal teams made it clear yesterday that they want the case to be struck from the roll.

If Judge Herbert Msimang agrees with them, the state will have to start again from scratch by charging the accused in a magistrate’s court. A charge sheet will be drawn up and the case will remain pending until an indictment is ready. The case can then be transferred to a high court.

A permanent stay of prosecution has more drastic consequences for the state and means that neither Zuma nor Thint can be tried on these charges. The defence intends bringing such an application after Msimang’s judgement. It is a rare court phenomenon, but can be granted if a judge rules that there has been a serious infringement of an accused’s right to a fair trial.

With the present application, the state is hoping for a postponement, because even if the case is only struck from the roll and Msimang subsequently refuses to withdraw the charges permanently, it would be seen as a tactical and political victory for Zuma.

With acknowledgements to Sharika Regchand and The Witness.