Zuma’s arms deal corruption case: Lawyers given time to decide Judge Koen’s involvement  

The high-profile arms deal corruption case against former president Jacob Zuma has been adjourned to 30 January 2023.

Judge Piet Koen delivered a brief progress report on the case so far, summarising the recent pretrial drama that unfolded in the form of numerous appeals and objections:

• The private prosecution of lead prosecutor Billy Downer;
• Zuma’s further application to the Constitutional Court against Koen’s main judgment;
• The issue of whether that application was properly lodged;
• Suspending Koen’s judgment on Downer’s recusal in the interim.

Downer, on behalf of the state on Monday, contended the trial should continue in the meantime even with Zuma’s objection to the prosecutor remaining in the trial given the private prosecution.

“These developments have brought into sharp focus whether it is proper that I decide one or more of the issues, including whether Mr Zuma will receive a fair trial at the end of the day,” said Koen

This includes Koen’s previous findings and statements, including 14 complaints Zuma advanced in his special plea.

“Although the issue is one of my own conscious, I invited the parties during arguments on 17 October 2022 to address any written submission they wish to make before me regarding my possible recusal by Friday, 21 October 2022.

“Upon careful reflection, I have concluded that the issue of my continued involvement as the presiding judge in this trial needs, in the interest of justice, to be addressed preliminary to any decisions and further resumption of the trial,” said Koen.

Koen told the court that while he appreciated that another adjournment would result in another delay, “which the state has been at pains to prevent”, the delay was inevitable and required in the interest of justice.

“The integrity of the trial must be beyond any criticisms or approach and it is my task that to ensure that it meets that expectation.”

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Judge Piet Koen

If the trial went ahead in November as planned, it would have been delayed anyway as the year draws to a close and the fact that various counsel on the case was not available early next year.

“That would allow time for the issue to be determined without any undo haste,” he said.

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Arms deal: What Zuma is accused of

Former statesman Zuma and French arms firm Thales are facing 18 counts of corruption, including money laundering, tax evasion, and racketeering, in connection with the multibillion-rand arms deal.

Zuma is accused of rampant corruption during his tenure as deputy president from 1999 and later as president between 2009 to 2018.

The 80-year-old allegedly accepted bribes of R500 000 annually from Thales to protect the company from investigations into the multibillion-rand deal to supply military hardware to South Africa.

Although Zuma denies any wrongdoing and has in the past demanded his day in court, the relentless Stalingrad legal strategy he continues to employ says otherwise.

An ‘egregious’ Stalingrad strategy

At the last hearing on Monday, Downer described Zuma’s relentless appeals before the Supreme Court of Appeal and the Constitutional court as ‘egregious’.

ALSO READ: Arms deal corruption case: Zuma’s lawyers try another approach to get rid of Downer

Zuma has also been embroiled in a separate private prosecution against Downer and News24 journalist Karyn Maughan, accusing the former of leaking his personal medical information to the latter.

Zuma has also accused Downer of weaponising the arms deal corruption case to execute a personal vendetta against him.

Both have denied any wrongdoing, with Downer continuing his work on the case on behalf of the National Prosecuting Authority and Maughan reporting on the case.

However, Zuma’s lawyers on Monday asked Downer to ‘step down’ to protect the integrity of the case.

But Downer has refused the attempts to kick him off the case saying the NPA didn’t share Zuma’s belief.