Former president Jacob Zuma. Picture: Neil McCartney
The Jacob Zuma Foundation said it has taken note of the Supreme Court of Appeal’s (SCA) contention in its judgment that the former president was allegedly delaying his arms deal corruption trial.
The SCA on Friday unanimously dismissed Zuma’s bid to challenge the enforcement of the ruling invalidating his private prosecution of state advocate Billy Downer and journalist Karyn Maughan.
It confirmed Zuma’s case against the two had no foundation and ordered punitive costs.
Jacob Zuma Foundation spokesperson Mzwanele Manyi said the former president’s lawyers were studying the SCA judgment.
“We can confirm that lawyers are still studying the judgment and a full statement will be issued in due course.
“It is interesting, though, to mention the observation that in their judgment, a date of 2005 is mentioned as if since then it was President Zuma’s fault that the case was not sitting. That statement on its own seems to have put aside the fact that more than once the NPA decided not to prosecute.
“All of sudden you have a summary statement that gives an impression that his excellency President Zuma has been delaying the trial, So, indeed the lawyers will look into all that, but on the face of it, it’s the typical Zuma law in action,” Manyi said.
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The former president instituted the private prosecution proceedings against Downer and Maughan after he accused Downer – the lead prosecutor in his arms deal corruption trial – of leaking his confidential medical information to Maughan in August 2021.
The former president claimed the “leak” was in breach of the National Prosecuting Authority Act.
However, Downer and Maughan challenged the private prosecution on the basis Zuma’s medical information was publicly available in court documents and did not include confidential details.
Earlier this year, the NPA wanted the Pietermaritzburg High Court to step in citing the “unreasonable” delays it said the former president was causing in the arms deal corruption case.
The case was last in Court in April when it was on the roll for the trial to finally get underway.
However, it was postponed again after Zuma brought a fresh bid for Downer, who is leading the prosecution against him, to be recused.
While the SCA dismissed the second application for leave to appeal by Zuma, the former president tried to get Judge President Mandisa Maya to intervene and filed a reconsideration application.
In the State’s answering affidavit, Downer argued Zuma’s ultimate aim was “to avoid at all costs to have his day in court”.
Downer said Zuma made his first appearance in the dock for the arms cases in 2005 and that almost 18 years later, the first witness is yet to take the stand.
The 81-year-old Zuma and French arms manufacturer, Thales, are facing multiple charges including fraud‚ corruption, money laundering, and racketeering, in connection with the controversial multibillion-rand arms deal procurement concluded in the late 1990s while he was vice president.
Zuma and Thales have pleaded not guilty to the charges.
ALSO READ: Zuma agrees to state’s proposal to expedite Downer removal matter in arms deal case
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