Former president Jacob Zuma has suffered two separate legal setbacks in the same week in his long-running effort to have lead prosecutor Billy Downer removed from the Arms Deal corruption case, as courts once again declined to entertain his arguments.
Earlier in the week, the KwaZulu-Natal High Court in Pietermaritzburg dismissed Zuma’s application for leave to appeal against a previous judgment that had refused to disqualify Downer from prosecuting the matter.
Ruling makes earlier finding intact
That ruling meant the high court’s earlier finding that Zuma had failed to show bias, lack of authority or any lawful basis for Downer’s removal remains intact.
The high court decision forms part of a lengthy chain of litigation in which Zuma has repeatedly sought to challenge Downer’s continued involvement in the case, dating back several years.
According to reports, Zuma’s difficulties were compounded on Friday when the Supreme Court of Appeal (SCA) in Bloemfontein, Free State, dismissed his second attempt at that level to force Downer’s removal from the prosecution team.
The SCA ruling relates to Zuma’s bid for leave to appeal earlier judgments that had already rejected his efforts to disqualify the senior advocate.
The two setbacks in one week come against the backdrop of Zuma’s broader campaign to contest Downer’s role through a variety of legal mechanisms. These include special pleas, recusal-style applications and appeal proceedings in multiple courts.
Accuses Downer of bias, conflicted
In these applications, Zuma’s legal team has argued, among other things, that Downer is biased, unlawfully appointed or conflicted. Courts have, however, consistently found that Zuma has not met the legal threshold required to sustain such claims.
Downer has been the central figure in the prosecution arising from the 1999 arms procurement programme. In the procurement, Zuma and French arms company Thales face charges of corruption, racketeering, fraud and money laundering.
The state alleges that Zuma received financial benefits in exchange for protecting Thales from investigation and prosecution.
The repeated court decisions mean that, for now, Downer remains the lead prosecutor in the matter.
Zuma maintains his innocence
Zuma has maintained his innocence. And he has previously said his numerous applications are aimed at ensuring a fair trial. His critics, however, have characterised the steady stream of interlocutory challenges as part of a deliberate effort to delay the case from being heard on its merits.
The corruption trial is scheduled to resume in the Pietermaritzburg High Court in April this year.
With both the High Court and, according to reports, the SCA declining to grant Zuma relief this week, his bid to have Downer removed has once again failed to gain traction with the judiciary.
