Former President Jacob Zuma’s ongoing legal battle in his arms-deal corruption case has hit another roadblock.
Zuma’s application to remove lead prosecutor Advocate Billy Downer has been dismissed by Pietermaritzburg High Court Judge Nkosinathi Chili. This setback, however, has not deterred Zuma’s legal team, as they plan to lodge further appeals.
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Despite these developments, the trial has yet to be scheduled for the hearing of evidence.
Judge Chili’s ruling stated that Zuma had not provided sufficient evidence to prove that retaining Downer as the lead prosecutor would infringe on his right to a fair trial.
However, the judge also stated that he would only provide the reasons for his ruling at the end of the trial. This decision puzzled Zuma’s counsel, Advocate Dali Mpofu, who expressed the need for the reasons in order to proceed with an appeal.
Mpofu revealed that he had consulted with Zuma, who was absent from the proceedings, the day before and had received instructions to appeal the ruling if it did not favor Zuma’s position.
Mpofu announced their intention to bring an application for leave to appeal. He also suggested that the trial be adjourned indefinitely for “case management” to determine the way forward and ensure the availability of counsel.
In response to Mpofu’s suggestion, Downer requested that the judge set trial dates immediately. The National Prosecuting Authority (NPA) expressed its desire to proceed with the trial, which has been delayed for six years due to various applications made by Zuma.
Downer argued that given the unique circumstances of the case, it should be accorded the highest priority. He even suggested that other cases be moved to accommodate the trial.
Mpofu, known for his dramatic style, expressed his astonishment that Downer had discussed the availability of counsel with the legal representatives of Thales (accused number two) without affording the same courtesy to Zuma’s legal team.
Mpofu emphasized that without Zuma’s presence, the legal team could not commit to anything. Ultimately, both sides agreed to postpone the trial until a “pretrial conference” on May 17.
Zuma’s attempt to remove Downer, based on allegations of bias or the apprehension of bias, can be seen as a second attempt after a similar application in the form of a “special plea” was dismissed by now-recused trial judge Piet Koen.
Zuma’s appeals against this decision were subsequently dismissed by both the Supreme Court of Appeal (SCA) and the Constitutional Court.
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The key difference in the matter before Judge Chili was the subsequent launch of a private prosecution against Downer and journalist Karyn Maughan. Zuma’s legal team argued that Downer had leaked a document containing Zuma’s private medical records to Maughan, and therefore, he could not be prosecuted by someone he was prosecuting.
However, this private prosecution was deemed a “meritless abuse of process” and was set aside. The SCA later endorsed this finding, referring to it as “Stalingrad tactics.”
