Zuma’s charges against Downer still being considered, says NPA

Former president Jacob Zuma’s criminal charges against state prosecutor advocate Billy Downer is still under consideration, according to the National Prosecuting Authority (NPA).

Speaking to Newzroom Afrika on Thursday,  NPA spokesperson Mthunzi Mhaga said Director of Public Prosecutions (DPP) in the KwaZulu-Natal  is “objectively considering” Zuma’s case.

“Once a decision is taken, it will be communicated, but at the moment no decision has been taken by that office,” he said.

ALSO READ: Zuma has no proof to back conspiracy theories against NPA’s Downer, court told

In October last year, Zuma laid a criminal complaint against Downer at the Pietermaritzburg Police Station for allegedly leaking his confidential medical records to the media, which the NPA has denied.

At the time, Jacob Zuma Foundation spokesperson, Mzwanele Manyi said that “there was evidence of criminal conduct that took place in an attempt to manipulate the investigation and prosecution for unlawful purposes”.

Manyi claimed that this alleged criminal conduct on the part of the prosecution involved foreign spies and agencies.

SCA petition

On Thursday, Zuma’s latest attempt to have Downer removed from his corruption case was dismissed the Supreme Court of Appeal (SCA) as the matter had “no reasonable prospects of success in an appeal”.

In its judgment, the SCA ruled that “there is no other compelling reason why an appeal should be heard”. 

Zuma’s legal team had petitioned to the SCA after the Pietermaritzburg High Court last month dismissed his application for leave to appeal and ordered the trial must proceed.

The petition came after the former president saw his special plea to have Downer removed from the trial dismissed by Judge Piet Koen last October.

Responding to the ruling, Mhaga said the NPA was ready to call witnesses when the trial resumes on 11 April.

READ MORE: Billy Downer didn’t leak medical records, says NPA

“We will ensure that the trial resumes because remember [the accused] have already pleaded to the charges. All that is left now is for the state to lead its first witness,” he said.

He further said the state will be prepared to resist Zuma’s attempts to delay the trial if the former president decides to approach the Constitutional Court (ConCourt).

“You can expect anything from the former president because of the delays tactics [his legal team] have applied in this matter… throughout it has been quite a protracted process,” Mhaga added.

The NPA has repeatedly accused Zuma of regurgitating old falsehoods in an attempt to delay the start of his corruption trial.

Acquittal

He faces multiple charges of fraud and corruption alongside French arms dealer Thales over the controversial multi-billion rand arms deal struck back when he was KwaZulu-Natal MEC for economic development, in the 1990s.

The former president and Thales pleaded not guilty to charges in May 2021.

Zuma previously demanded for acquittal in terms of section 106(1)(h) Criminal Procedure Act.

Call our ‘bluff’, remove Downer and get on with the case – Zuma’s lawyer