While it is clear from the criminal code that an accused person may plead that the prosecutor in his case has “no title to sue” in addition to pleading not guilty and to reserving his defence, it is by no means plain that the title to sue point has legs in the corruption case against Jacob Zuma, now postponed in the Pietermaritzburg High Court until July 19.

In the entire history of the code, the phrase “title to sue” has been mentioned in only 20 cases reported in the SA Law Reports. Most of them relate to private prosecutions and none of them are on all fours with the basis upon which Zuma relies for his “special plea”, as the presiding judge has wisely dubbed it...

Subscribe now to unlock this article.

Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).

There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.

Cancel anytime.

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.