Jacob Zuma arms deal case resumes in court under new judge

The corruption case against former president Jacob Zuma and French arms company Thales is expected to resume in the KwaZulu-Natal High Court, in Pietermaritzburg, on Monday 17 April with a new judge, Nkosinathi Chili, behind the gavel.

Zuma and Thales are facing a number of charges, including fraud, corruption and money laundering in relation to the multibillion-dollar arms deal procurement which took place in 1999.

ALSO READ: Judge Koen recuses himself from Zuma’s arms deal trial

Arms deal case: Koen’s strong views

In January, presiding judge Piet Koen recused himself from proceedings after asking the State and defence to make submissions on whether he should recuse himself.

 During proceedings in October, Judge Koen said he might have to recuse himself over “strong views” he expressed when he dismissed the 81-year-old‘s bid to get arms deal lead prosecutor, Advocate Billy Downer, removed from the corruption and fraud trial.

This also includes the views the judge made about the merits of Zuma’s private prosecution case against Downer and journalist Karyn Maughan for allegedly leaking the former president’s private medical records.

While the State had called for Judge Koen to continue to preside over the trial, Zuma’s legal team wanted the judge to recuse himself arguing that he was conflicted due to his comments.

ALSO READ: NPA decides against prosecuting Billy Downer, but Zuma given lifeline

Judge Koen said the matter was not about whether he was biased against Zuma for the views that he had expressed.

Instead, he said it was about the possibility of whether a “reasonable apprehension” of bias may arise because of his previous comments.

“If such suspicion is reasonably apprehended, then that means the end of my involvement in this trial,” said Koen.

Judge Nkosinathi Chili was then appointed as the new presiding judge.

ALSO READ: Zuma loses special-plea bid to have Downer recused from arms deal trial

The question of Billy Downer

Zuma also wants Downer recused, arguing the seasoned prosecutor on the arms deal case had leaked his private medical records to News24 senior legal journalist Karyn Maughan.

Both Maughan and Downer have denied any wrongdoing, pointing out that Zuma’s illness, which formed the basis of his medical parole, are not known to the public.

The alleged leak of Zuma’s private medical records is related to a letter written by Brigadier Mcebisi Mdutywa last year when Zuma was imprisoned at Estcourt Correctional Centre in KZN for being in contempt of court after he refused to appear before the State Capture Commission.

ALSO READ: Zuma pursuing private prosecution against Ramaphosa as ‘last resort’ – Manyi

In his letter to authorities – details of which were first published by News24 – Mdutywa said Zuma had suffered a “traumatic injury” in November 2020 and needed “extensive emergency treatment” and six months to recover.

Zuma was released on medical parole by former correctional services boss Arthur Fraser in September last year, after he only served two months of his 15-month jail sentence imposed by the Constitutional Court.

Additional reporting by Thapelo Lekabe

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