Former President Jacob Zuma will be furnished with the reasons why it was difficult to remove state prosecutor advocate Billy Downer from his trial.
Zuma, who is the leader of ANC splinter formation uMkhonto weSizwe party (MKP), appeared at the Pietermaritzburg High Court on Thursday for a pre-trial hearing. At the heart of the proceedings was for presiding Judge Nkosinathi Chili to explain the reasons behind maintaining that Downer should stay on as lead prosecutor in Zuma’s long dragging arms deal matter. This will be given on September 11.
Lengthy pre-trial arguments
In a lengthy pre-trial that lasted the entire day, Zuma’s defence team, led by advocate Dali Mpofu, argued in his defence. Mpofu said the law gave Zuma the right to know the grounds for refusing Downer’s recusal.
“What would be the logic of running an expensive trial when there is a 50% chance that Downer is not the right person to run the case. It’s illogical. Nobody knows what outcome of the appeal might be,” argued Mpofu.
In March, Chili thwarted Zuma’s intention to have Downer removed, citing biasness and an unfair trial. Zuma explained to the court that Downer had allegedly leaked his medical records. And as such, he compromised his impartiality in the matter. Chili, however, said he will give his reasons for denying Zuma court relief when the trial concludes.
Mpofu said by wanting to appeal to the highest court, Zuma was not asking for a favour. It was his right enshrined in the constitution.
“I cannot understand why Zuma must be denied that right. And he cannot exercise that right unless he has the reasons,” he said.
Arms deal controversy
Zuma is alleged to have used his former advisor Schabir Shaik to solicit bribes from French arms manufacturer Thales. This allegedly happened in 2005, which is when the arms deal controversy began. The case was removed from the docket in 2006 because the NPA was not prepared to pursue the case. However, it was brought back onto the docket a few years later.
The former head of state faces 18 charges of corruption, fraud, tax evasion, and racketeering.
Zuma, clad in MK Party colours and sitting behind his legal team, kept dosing off in court. A strong contingent of key party members sat quietly in the court listening to proceedings. They were led by MK Party national organiser Floyd Shivambu.
