Former president Jacob Zuma. Picture: Neil McCartney / The Citizen
Former president Jacob Zuma’s lawyer has unsuccessfully protested over his arms deal corruption trial date remaining set for April 2025, as state prosecutor Billy Downer said they would fight for Zuma to finally go on trial.
The matter returned to the Pietermaritzburg High Court on Wednesday where Judge Nkosinathi Chili provided reasons as to why he denied Zuma’s request to remove Downer from the arms deal corruption case.
During proceedings, Zuma’s advocate Nqaba Buthelezi argued that his client has to “take exception” to the proposal of the trial dates.
“We obviously now have to take exception to the proposal, the dates for next year April remain reserved simply because of the absurdity of a proposal.”
This is due to Zuma seeking leave to appeal Chili’s decision that it was not in the interests of justice for Downer to be forced to step down.
“What purpose is served, if we can then enrol a matter that is for all intent and purpose, and from what we can anticipate will still be the subject of an appeal come April next year, and for them to say so casually and simply its Stalingrad strategy?
“We take exception to that as we are just exercising our rights. So, it’s not a creation of ours that this application is not going to be heard at this time of the year as judgment was granted in March. So we would never create the circumstance that causes bad reasons to be given into tenure,” Buthelezi argued.
ALSO READ: Here’s why Downer will not be removed from Zuma’s arms deal corruption case [VIDEO]
Buthelezi argued that should Zuma fail in his second attempt to force Downer’s removal, after trying and failing to privately prosecute him, he would again seek to petition the Supreme Court of Appeal (SCA) and embark on the same appeal litigation strategy that resulted in his arms trial being repeatedly delayed since it was reinstated in 2018.
“So I think it will be prejudicial to the court to keep blocking those dates when we know as a matter of fact we may have those holding dates, but to block up two terms is prejudicial to counsel because Mr Downer can’t explain how it could happen while the matter is being appealed.
“Whether that leave to appeal is granted or denied, the appeal avenues that exist in as far as petitioning the SCA and petition further, make it unfeasible that we would sit here with good mind and good consciousness that we’re going to start a trial at the start of April. That’s not pragmatic, and that’s not possible,” Buthelezi argued.
Zuma’s advocate argued that trial itself should be postponed indefinitely. However, Chili was having none of it and scheduled Zuma’s appeal hearing for 6 February.
Chili earlier gave reasons for denying Zuma’s request to remove Downer.
The judge said he was satisfied that there was merit in the submission that the grounds advanced by Zuma to remove Downer were officially dealt with in previous litigation.
“In his own words, Mr Zuma stated in his founding affidavit that he is aware that some of his atmospheric issues had already been dealt with in previous litigation, albeit in pursuit of different causes of action.”
Chili effectively said Downer would remain as a prosecutor in Zuma’s arms deal corruption trial.
“Having considered all the grounds relied upon by Mr Zuma, both individually and cumulatively, I am unable to conclude that Mr Zuma’s right to a fair trial will be violated. Those are the reasons for the order I granted on 20 March 2024.”
ALSO READ: Court throws out Zuma’s private prosecution, rules it’s part of ‘Stalingrad strategy’
Chili said Zuma’s request for the removal of Downer as public prosecutor is “anchored” on a private prosecution of Downer.
“It was argued that if Mr Downer were to prosecute Mr Zuma today and then be prosecuted by Mr Zuma the next day, society will make a mockery of our justice system. If that were the position, then I would not have hesitated to grant an order removing Mr Downer as the public prosecutor.
“But that is not the position as things stand, there is no private prosecution. All attempts by Mr Zuma to prosecute Mr Downer have been unsuccessful. I might just add that at the date of the hearing of argument in the present application, the Supreme Court of Appeal (SCA) had already made a factual finding that the attempt by Mr Zuma to prosecute Mr Downer amounted to an abuse of process,” Chili added.
Chili was referring to Zuma having Downer prosecuted for allegedly leaking his medical records to journalist Karyn Maughan.
Zuma initiated a private prosecution against Downer and Maughan over sharing public court documents, including a medical note, in September 2022.
However, Zuma suffered yet another defeat in a series of appeals after the SCA dismissed his bid to privately prosecute Downer and Maughan.
Zuma, alongside French arms company Thales, faces multiple charges of fraud, corruption, money laundering and racketeering linked to the multi-billion rand defence procurement project in 1999.
The case has repeatedly been delayed by Zuma’s efforts to remove Downer.
ALSO READ: Zuma says plans for 2025 trial ‘premature’ as he’ll continue fighting for Downer’s removal [VIDEO]
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