Downer dismisses Zuma’s allegations of ‘racist undertones’ in legal strategy

Jacob Zuma’s arms deal case prosecutor, Billy Downer, has hit back at the former president’s argument that the state description of his notorious Stalingrad strategy carries “racist undertones”. Downer also dismissed claims by Zuma and his current legal team, who are black, that his remarks implied they “are incapable of thinking for themselves”.

Downer was responding to Zuma’s bid to have the arms deal corruption case against him quashed.

While the state’s case against Zuma was declared trial-ready four years ago, his trial has been delayed by his repeated failed efforts to force the removal of Downer.

Application for acquittal  

Zuma’s affidavit supports an application brought by Thales on 5 February 2025, seeking to be acquitted on the basis that the state “misconstrued Thales’ cause of action as being based on an infringement of its right to have its trial begin and conclude without unreasonable delays.”

“I respectfully submit that no reasonable observer of the state attempts to put a stop to the implementation of Mr Zuma’s Stalingrad defence strategy, by referring to its initial announcement in 2007 and illustrating why the relevant recent or current proceedings will detect any ‘racist undertones’ in the state’s actions.

“Instead, they will see the state alleging, and seeking to put an end to, the ongoing implementation of a strategy which Mr Zuma’s counsel announced in 2007 and which constitutes an abuse of the process of court if, as the state alleges, is the case, one of the main aims for its continued implementation it is to delay the start of the criminal trial,” Downer argued.

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Corruption

It is the state’s case that Zuma was kept on a corrupt retainer by his former financial advisor, Schabir Shaik, who then used his political clout to further his own business interests.

Shaik facilitated a R500 000 a year bribe for Zuma from Thales in exchange for his “political protection” from a potentially damaging arms deal inquiry.

In February, Zuma’s lawyer, Advocate Dali Mpofu, argued that it was “racist and condescending” to assume that the former president’s team was following advocate Kemp J Kemp’s Stalingrad legal strategy in fighting the state corruption.

Stalingrad strategy

Mpofu was responding to arguments by the National Prosecuting Authority’s (NPA) council advocate, Andrew Breitenbach, who said that while Zuma’s latest legal team was unhappy about the state’s persistent references to his “Stalingrad” litigation strategy, it had been Kemp who had first used that term.

“That’s a very serious, and racist for that matter, assumption that we can’t think for ourselves,” Mpofu said.

“Mr Zuma’s allegation of racism, which is a repetition of an allegation made by his current lead counsel, Advocate Mpofu, during his replying oral argument on 6 February 2025 in Mr Zuma’s application for leave to appeal against the dismissal of his second prosecutor removal application, is unfounded,” Downer argued.

“The facts amply demonstrate that, in the period since Advocate Kemp ceased representing him in late 2017 or the first part of 2018, Mr Zuma and his legal representatives have decided to continue implementing the Stalingrad defence strategy.

“They have done so by conceptualising and instituting novel types of unmeritorious proceedings (e.g. his special plea and the private prosecution) with the twin main aims of further delaying the start of hearing of the evidence of the witnesses for the state in his criminal trial and weakening the prosecution team in the manner of two wholly unfounded attempts to have me removed from the prosecution team,” Downer argued.  

ALSO READ: Thales seeks acquittal after delays and death of witnesses in Zuma case

‘Racist undertones’

Downer also questioned why detailing Zuma’s failed attacks on his prosecution could be described as carrying “racist undertones”.

“How and why the state pointing out that Mr Zuma’s proceedings in this Honourable Court, in the SCA and the CC in relation to his criminal prosecution since 21 May 2021 are a continuation of a strategy announced in this Honourable Court in 2007 by Mr Zuma through his then counsel Adv Kemp SC (who was white), carries ‘racist undertones’ suggesting Mr Zuma and his current legal team (who are black) are incapable of thinking for themselves, escapes me.”

Zuma losing streak

Earlier this month, Zuma was dealt yet another legal blow after his Constitutional Court bid to privately prosecute Downer and journalist Karyn Maughan failed.

The apex court unanimously rejected Zuma’s appeal application with costs.

This is Zuma’s eighth legal defeat in his attempt to prosecute Downer and Maughan privately.

Zuma filed an appeal application to the Constitutional Court after SCA President Mahube Molemela dismissed Zuma’s bid for a reconsideration of summary dismissal in a two-page order in March 2024.

“The court has concluded that the application for leave to appeal does not engage its jurisdiction,” the apex court stated in a two-page order.

Downer pointed out that multiple courts have now found that Zuma had engaged in a “Stalingrad litigation” strategy to delay his trial and avoid his day in court — with a number of judges having dismissed his failed campaign to privately prosecute Downer as an “abuse of process”.

“The state prays that Mr Zuma’s application for relief, similar to that sought by Thales, be struck from this Honourable Court’s roll, alternatively that it be dismissed.”

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