IN THE HIGH COURT OF SOUTH AFRICA NATAL PROVINCIAL DIVISION

Case CC273/07

In the matter between:

THE STATE

and

JACOB GEDLEYIHLEKISA ZUMA Accused No. 1
THINT HOLDING (SOUTHERN AFRICA) (PTY) LIMITED Accused No. 2
THINT (PTY) LIMITED Accused No. 3

AGREEMENT

WHEREAS, in a judgment delivered on 12 January 2009, the Supreme Court of Appeal overturned the judgment of this Court (per Mr Justice Nicholson) of 12 September 2008 and thereby reinstated the decision to charge JACOB GEDLEYIHLEKISA ZUMA ("ZUMA") and the indictment of 27 December 2007;

AND WHEREAS ZUMA has decided to apply to the Constitutional Court for leave to appeal against the SCA's judgment of 12 January 2009;

AND WHEREAS on 13 January 2009 the NATIONAL PROSECUTING AUTHORITY ("NPA") reissued a summons against THINT HOLDING (SOUTHERN AFRICA) (PTY) LIMITED and THINT (PTY) LIMITED ("THE THINT COMPANIES") to appear in the High Court, Pietermaritzburg at 10h00 on 5 February 2009;

AND WHEREAS both ZUMA and THE THINT COMPANIES have agreed to appear in the High Court, Pietermaritzburg at 10h00 on 4 February 2009;

AND WHEREAS both ZUMA and THE THINT COMPANIES have decided to bring applications for a permanent stay of prosecution ("the permanent stay proceedings");

AND WHEREAS it was considered necessary to reach agreement as to the timetable for the further conduct of the permanent stay proceedings and the criminal proceedings against ZUMA and THE THINT COMPANIES, and such agreement has been reached, NOW THEREFORE ZUMA, THE THINT COMPANIES and THE STATE ("the parties") record the terms of the said agreement, which are the following:

1. AN ORDER OF COURT:

On 4 February 2009 the parties shall request the Court to make this settlement agreement an order of court.

2. THE CRIMINAL PROCEEDINGS:

The criminal proceedings will be adjourned to a provisional date of 25 August 2009.

3. THE THINT COMPANIES' APPLICATION FOR A PERMANENT STAY:

3.1. On 16 March 2009 THE THINT COMPANIES shall deliver their application for permanent stay of prosecution.

3.2. On 4 May 2009 the NPA shall deliver its answering papers.

3.3. On 18 May 2009 THE THINT COMPANIES shall deliver their replying papers.

3.4. On 3 June 2009 THE THINT COMPANIES shall deliver their heads of argument.

3.5. On 15 June 2009 the NPA shall deliver its heads of argument.

3.6. The oral argument on this application will be delivered at a hearing on 24 and 25 June 2009.

4. ZUMA'S APPLICATION FOR A PERMANENT STAY:

4.1. On 18 May 2009 ZUMA shall deliver his application for permanent stay of prosecution.

4.2. On 3 July 2009 the NPA shall deliver its answering papers.

4.3. On 24 July 2009 ZUMA shall deliver his replying papers.

4.4. On 11 August 2009 ZUMA shall deliver his heads of argument.

4.5. On 19 August 2009 the NPA shall deliver its heads of argument.

4.6. The oral argument on this application will be delivered at a hearing starting on 25 August 2009.

5. RE: ZUMA'S APPLICATION FOR LEAVE TO APPEAL TO THE CONSTITUTIONAL COURT:

5.1. Subject to paragraph 5.2 below, the abovementioned timetable will not be affected by ZUMA's application for leave to appeal to the Constitutional Court against the SCA's judgment of 12 January 2009.

Without limiting the generality of the aforegoing, it is recorded that the abovementioned timetable will not be affected by either of the following events:

5.1.1. a direction that written and/or oral argument be delivered by the parties in relation to that application or ZUMA's intended appeal; or

5.1.2. a decision granting ZUMA's application for leave to appeal.

5.2. In the event that the Constitutional Court grants ZUMA's application for leave to appeal against the SCA's judgment of 12 January 2009 and upholds his appeal, the abovementioned timetable shall fall away in respect of ZUMA.

SIGNED at this day of 2009.

.......................................... .............................................

WILLIAM DOWNER SC
DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS

MICHAEL HULLEY
ATTORNEY FOR ACCUSED 1

AJAY SOOKLAL
ATTORNEY FOR ACCUSED 2 & 3

Issued by the National Prosecuting Authority, February 4 2009

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