Lungani Zungu
Jacob Zuma entered the Pietermaritzburg High Court in high spirits, smiling and greeting his supporters, but left court in a much more serious mood.
Judge Piet Koen dismissed Zuma’s application for the recusal of state prosecutor advocate Billy Downer which is a devastating blow for Jacob Zuma.
The ruling paves the way for the Arms Deal case to go to trial after delays of close to 20 years. Zuma’s foundation, however, has indicated that he would appeal.
In a summary of the ruling that lasted for about 18 minutes on Tuesday, Koen granted the following order:
- The special plea is dismissed
- The matter is directed to proceed to trial in respect of the not guilty pleas of Zuma and co-accused Thales
Zuma had accused Downer of being biased against him and for allegedly leaking sensitive medical records to a journalist, prompting him to lay a criminal charge against him last week. Because of this, Zuma’s legal team led by advocate Dali Mpofu argued that Downer had no title to prosecute.
But Koen found otherwise.
“Any challenge involving any lack of independence and objectivity or bias or a similar complaint as alleged by Mr Zuma should have been raised in a substantive separate application for the removal of the prosecutor,” said Koen.
“I conclude that Mr Zuma’s claims even if taken at face value do not affect the ‘Title to prosecute’ of Mr Downer to prosecute.”
Zuma faces 16 counts of corruption, money laundering and fraud in the Arms Deal case to which all he pleaded not guilty.
He is alleged to have received bribes from Thales, a French arms manufacturer formerly called Thomson-CSF, in return for protection from prosecution.
He previously accused Downer of working for international agencies, including the US-based Central Intelligence Agency (CIA) and local media houses.
He was in court, despite his foundation saying on Monday he was not going to attend the proceedings in person.
Vuyo Mhanga, spokesperson for the National Prosecuting Authority (NPA) welcomed the ruling.
“We feel vindicated because we are ready to proceed with the case. We hope that there will be no more delays.”
Mhaga said the case against Downer, opened by Zuma last week, would have no bearing on Downer leading the state’s case against Zuma.
Mzwanele Manyi, the spokesperson of the Jacob G Zuma Foundation, said they thought Zuma should appeal.
“This is a travesty of justice,” said Manyi.
The matter was set for 11 April next year for the trial to begin.
Zuma is on medical parole following his release from a 15-month jail term last month, after his arrest in July for defying two court orders telling him to appear at the State Capture Commission of Inquiry.
