By Simon Nare
The Supreme Court of Appeal (SCA) has dismissed former president Jacob Zuma’s application to have prosecutor Advocate Billy Downer recuse himself from the arms deal corruption trial.
In a one-page ruling delivered in Bloemfontein, Judges Dumusani Zondi and Baratang Mocumie dismissed Zuma’s application for leave to appeal with costs, finding that it had no reasonable prospects of success.
“The application for leave to appeal is dismissed with costs on the grounds that there are no reasonable prospects of success and no other compelling reason why an appeal should be heard,” the court ruled.
The decision marks Zuma’s second failed attempt to force Downer’s removal.
Zuma has argued that he would not receive a fair trial if Downer continued to prosecute him.
Zuma faces charges of fraud, corruption and money laundering linked to the 1999 arms procurement deal, alongside French arms manufacturer Thales.
The state alleges that Thales paid bribes to Zuma through Nkobi Holdings, a company linked to his former financial adviser, Schabir Shaik.
Shaik was convicted and sentenced for his role in the corruption and was released on medical parole in 2009.
The appeal followed a High Court ruling by Judge Nkosinathi Chili, who dismissed Zuma’s application to disqualify Downer, finding no evidence that Zuma’s right to a fair trial would be compromised.
The Pietermaritzburg High Court also dismissed a similar application in 2024, ruling that Zuma had failed to demonstrate any threat to a fair trial.
In an earlier judgment in 2023, the court noted that the central arguments in Zuma’s case had already been rejected in multiple court rulings.
Zuma has also unsuccessfully pursued a private prosecution against Downer and News24 journalist Karyn Maughan, alleging the unlawful disclosure of his medical information.
The SCA dismissed that matter, with Judge Nathan Ponnan ruling that the private prosecution was without any foundation in fact or law. The court found that the medical information was publicly available in court records and that no breach of confidentiality or criminal offence had occurred.
The ruling upheld the High Court’s finding that the private prosecution constituted an abuse of court process pursued for an ulterior purpose.
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