SCA dismisses Jacob Zuma’s reconsideration application

The Supreme Court of Appeal (SCA) has dismissed former president Jacob Zuma’s reconsideration application for the removal of prosecutor Billy Downer from his corruption trial, the Office of the Chief Justice (OCJ) has confirmed.

This after Zuma’s lawyers, argued that Downer “has no title to prosecute” and “should be removed as the prosecutor in this case”.

Zuma also argued Downer lacked the independence and impartiality to prosecute in the trial. 

He had further demanded his acquittal on all the charges if it were found that Downer lacks title to prosecute.

The former president’s case was postponed last week pending the outcome of today’s SCA ruling.

Jacob Zuma Foundation spokesperson Mzwanele Manyi said while the ruling did not come as a surprise, Zuma’s lawyers were discussing the ruling to decide how to proceed.

“The legal team of former president Zuma are ready to prosecute Downer, they’re just waiting for a certificate on non-prosecution from the NPA,” Manyi told Newzroom Afrika.

Manyi further questioned why the ruling was made on 20 May and only communicated to them on 24 May.

“If Downer is still the prosecutor, there will be problems,” said Manyi, adding that the former president was considering another application to compel the NPA to issue a certificate on non-prosecution.

READ MORE: Zuma approaches SCA in bid to remove Downer from corruption case

The OCJ further denied allegations that the SCA deliberately delayed dealing with cases involving the former president.

It explained: “With respect to the appeal, President Maya, having considered the application for an expedited date of hearing of the appeal, sent an email to the former registrar of the SCA, Paul Myburgh, on 11 February 2022 requesting him to inform the parties that she was also requested to inquire from the parties as to when they would be ready to file the appeal record and their respective heads of argument to enable her to issue the necessary directives.

“The former registrar instead wrote to the parties that the appeal could ‘not be accommodated’, insofar as the application for reconsideration is concerned, President Maya became became seized with it on 17 May 2022 and not since March 2022 as has been widely reported in the media. She attended the application expeditiously, in line with the conventions of the SCA, and thereafter issued as order disposing of the application on 20 May 2022.

“It is most unfortunate that the delays on these two matters have been directly attributed to the President of SCA, Justice Maya. Some reports have suggested that delays were a deliberate act on her part. The facts in this regard do not support these assertions.”

According to the OCJ, the delays were a result of administrative challenges within the SCA general office.

“The OCJ, as the administrative support to the Judiciary has identified the challenges relating to these matters and is currently addressing any inadequacies in control measures and processes within the general office.”