Zuma’s corruption trial: Lead prosecutor expresses concern over length of postponements

South Africans have been left in limbo as the KwaZulu-Natal High Court in Pietermaritzburg awaits the Supreme Court of Appeal’s (SCA) decision on Jacob Zuma’s “reconsideration” application – while the former president scores yet another delay as his corruption case is postponed until August.

According to attorney Ulrich Roux, while there was not much anyone could do about yet another postponement on the matter, history has proven that Zuma was willing to do anything to delay the matter again.

“Zuma has filed an appeal to the SCA president, Mandisa Maya, and she still needs to make a decision on his application for a reconsideration of his special plea dismissal; and they haven’t received an answer yet from the SCA,” he said.

“There is not much anyone can do about it, this is dependent on the SCA and Judge Maya clearly has not attended to it, so we must just unfortunately await the outcome of the special plea with the court and then it will convene.”

Roux said until the SCA responds, the trial would be on hold. However, he hoped the National Prosecuting Authority (NPA) would also want to push forward.

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“Then, hopefully, the decision by the SCA is forthcoming before 15 August, which is the next appearance date,” he added.

However, the NPA’s Mthunzi Mhaga said the director of public prosecutions in KwaZulu-Natal was still considering Zuma’s request for a nolle prosequi certificate.

Lead prosecutor Billy Downer expressed concerns with the lengthy postponements. However, Judge Piet Koen urged everyone to sit out the process of further appeals or further applications along the path of appeals.

“Naturally, the state is dismayed, as I indicated at the last appearance, with the length of the postponements, with the effect on the administration of justice,” Downer told the court.

Meanwhile, legal expert Prof James Grant said it made absolutely no sense what criminal conduct Downer was supposed to have committed.

“I have no doubt that Zuma is attempting to delay his trial by this strategy. It has been his strategy all along, as is well documented,” he said. “I have heard the allegations and struggle to follow how this could amount to an offence by Downer.”

Zuma’s legal team filed the application after the SCA in March dismissed his appeal bid to have Downer removed from prosecuting the corruption trial. The appeals court based in Bloemfontein had agreed with Koen’s judgment in October last year dismissing Zuma’s application for Downer to be recused from the case.

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The SCA found that Zuma’s appeal had no reasonable prospects of success and there was “no other compelling reason why an appeal should be heard”.

However, the former president’s legal team asked Maya to reconsider that decision. Zuma wants Downer removed from his corruption case because he claims the prosecutor was biased against him and leaked Zuma’s confidential medical records to the media.

Downer and the NPA have strongly denied the allegations and accused Zuma of stalling tactics.

– reitumetsem@citizen.co.za

Additional reporting by Thapelo Lekabe