The strategy of Jacob Zuma and his legal team has undergone a dramatic turnabout in a matter of two days with the fired deputy president now intending to apply for a stay of prosecution rather than defend his innocence.

Michael Hulley, Zuma's attorney, confirmed on Friday that Zuma intended submitting an urgent application to the Durban High Court within the next month or two to ask that the two charges of corruption against him be stayed permanently as there was no chance that he would have a fair hearing.

This comes after Hulley told Die Burger on Wednesday that Zuma believed in his innocence to such an extent that he was not even considering entering into a bargaining plea.

Hulley said then that Zuma was ready to defend his innocence.

Zuma was due to appear in Durban regional court on Saturday and the State then would present him with a formal preliminary charge sheet.

Application

According to Hulley, they intend submitting the application by mid-December, before the start of the judicial recess, or early in January.

He hoped the application could be heard in February or March.

The defence intends introducing the following two arguments to prove that Zuma will not receive a fair hearing:

The alleged prejudice to Zuma by a long investigation in which it was initially decided not to take him to court - a decision that was subsequently reversed - while Zuma also was unhappy about the "piecemeal" prosecution by the Scorpions.

Initially, Schabir Shaik only was prosecuted and then followed by Zuma, as well as on the accompanying publicity.

The other aspect is the investigation and raids on the offices of his attorneys.

According to Hulley, constitutional questions could surface in their application, but it would be for the judge of the High Court to decide.

However, Professor Marinus Wiechers, former professor of law at Unisa and a constitutional expert, had his doubts about the possibility of success.

Gladly

"They (the defence) would gladly tie Zuma's position to the constitution - he is a constitutional figure.

"Consequently, it is logical for the defence to take the matter to the Constitutional Court, but they have no chance of being successful.

"In any case, the Constitutional Court will not be able to make a ruling on any of the grounds that they present."

Wiechers said the latest development was "availing themselves of law processes to evoke political sympathy, prestige and popularity".

According to him, their purpose was not so much to win, but rather "to inflate the profile of their case".

"They will have to go the whole way - from the High Court to the Court of Appeal to the Constitutional Court."

Makhosini Nkosi of the national prosecuting authority said they had not been informed of the application, but that they disagreed with Hulley that Zuma could not have a fair trial.

With acknowledgements to Adriaan Basson, Dries Liebenberg and News24.