Arms deal: Zuma foundation ‘elated’ by Judge Koen’s recusal, NPA says it’s disappointed

The Jacob Zuma Foundation has welcomed the decision by Judge Piet Koen to recuse himself from the arms deal-related fraud and corruption trial, saying the judge made a “very sober decision”.

However, the National Prosecuting Authority (NPA) says it’s disappointed by the judge’s decision because it felt that he had conducted himself fairly during trial proceedings.

Arms deal corruption trial

Judge Koen on Monday recused himself as the presiding judge in the protracted case against Zuma and French arms manufacturer, Thales.

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This after Koen indicated last October that he might have to recuse himself for the “strong views” he made when he dismissed Zuma‘s special plea application to get arms deal lead prosecutor, advocate Billy Downer, removed from the trial.

Judge Koen had asked the state and the defence to make submissions on whether he should recuse himself from the matter.

The NPA argued that Koen should continue as the presiding judge, while Zuma’s legal team contended that he was conflicted due to his comments.

Judge Koen said he was stepping down from the case to protect the “integrity of the judicial process against any reasonable taint of suspicion”, so that the public and litigants may have the highest confidence in the integrity and fairness of the courts.

“I’ve come to the conclusion, and it was not an easy decision, that I have to recuse myself from the trial.

“It is what the sound administration of justice, the requirements of the constitution and my conscience dictate,” he said.

Zuma and a representative of Thales were not expected in court on Monday as they were excused from the proceedings.

‘Process beyond reproach’

The spokesperson for the Jacob Zuma Foundation, Mzwanele Manyi, said Koen made the right decision by removing himself from the trial in order to ensure its impartiality.

“We are elated with this kind of decision by the judge.

“This is a very sober decision and this is a judge that wants to make sure that the entire process is within the realm of constitutionality. [And that] the entire process is beyond reproach and seen to be objective and fair,” Manyi told Newzroom Afrika.

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He said Zuma was also hoping that the NPA would remove advocate Downer from the matter.

This is despite the NPA’s contention that Downer would not be recused even though Zuma instituted private prosecution proceedings against the prosecutor and journalist Karyn Maughan for allegedly leaking his private medical records.

Manyi said: “We hope that all the motivation that the judge has used, the NPA should use the exact same motivation to say: ‘advocate Downer cannot be perceived to be free and fair and prosecuting objectively as it were’.

“If the judge can make that kind of call on almost the same kind of issues; why is it difficult for the NPA to do exactly the same?”

NPA ‘disappointed’

NPA spokesperson Mthunzi Mhaga told The Citizen they weredisappointed with Judge Koen’s decision to recuse himself, but welcomed the appointment of Judge Nkosinathi Chili as the new presiding judge.

“We are disappointed with his recusal as we felt he had been fairly conducting the proceedings.

“However, we are pleased that the judge president has appointed a new judge, and hopefully by 17 April trial will resume,” said Mhaga.

The arms deal trial is expected to continue in the KwaZulu-Natal High Court in Pietermaritzburg on 17 April 2023.

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