THE National Prosecuting Authority’s (NPA) frantic bid to force former president Jacob Zuma to hand over his medical records in order to back up his claims that he is sick and unable to personally come to court failed.
This took place on Tuesday morning in the Pietermaritzburg High Court where Zuma’s application to have advocate Billy Downer SC recused is being argued and counter-argued.
Citing ill health, Zuma was not physically present in court, prompting advocate Wim Trengove SC, who is representing the NPA, to lead evidence on the extent of Zuma’s ailment.
It later emerged in court that the NPA had subpoenaed information from the Department of Correctional Services which recently granted Zuma medical parole, citing ill health.
Among other information that was to be presented was some from the military health services.
However, it later emerged that the military doctors protested the summons from the NPA, saying it was premature as the parties were exchanging information about the Zuma’s sicknesses.
It also emerged that the NPA may have ethically applied pressure on the Department of Correctional services to release the medical information that correctional services boss Arthur Fraser relied on to free Zuma on medical parole.
Zuma’s lead lawyer, advocate Dali Mpofu SC, told Judge Piet Koen that the request for such information was prejudicial to Zuma as his parole was being challenged in court by a host of parties like the DA, AfriForum and the Helen Suzman Foundation.
Earlier, advocate Muzi Sikhakhane SC, who was representing Fraser and the Correctional Services Department raised concerns that the NPA allegedly bullied departmental officials to write affidavits without having proper legal advice.
In the end, after fierce arguments, Judge Koen ruled that the NPA’s request to have Zuma’s medical record handed over was premature. The case then proceeded to why Zuma feels Downer must be removed as the lead prosecutor of his arms deal trial.
Speaking from the court, the spokesperson of the Jacob Zuma Foundation, Mzwanele Manyi, said the NPA’s attempt to have Zuma’s medical record handed to court was justice against a conniving NPA.
He said the arguments in court showed that the NPA was engaged in behind-the-scenes attempts to ensure that, by hook or crook, it got Zuma’s medical records.
The trial over the 1990s deal was meant to start in May, after being been repeatedly stalled by legal arguments, but was delayed again by Zuma’s request to replace lead prosecutor Billy Downer, whom he accuses of bias.
On July 7, Zuma was jailed for failing to cooperate with a separate corruption probe, precipitating some of the worst riots and looting the country has witnessed since the end of white minority rule in 1994. More than 300 people were killed and thousands of businesses pillaged and razed.
His jailing was nonetheless seen as a victory for South Africa’s ability to enforce the rule of law, even against powerful politicians. The top court on Friday dismissed a bid by Zuma to overturn that 15-month jail sentence.
Zuma, 79, has been convalescing from an undisclosed illness, and has been allowed to see out the rest of his sentence at home on health grounds. He regards the criminal trial against him as a politically motivated witch hunt.
“I wear the badge of being a political prisoner … (of) the struggle for the freedom of the African,” Zuma said in a statement late on Monday. “Injustice will be defeated.”
Zuma, who was absent on Tuesday at the trial proceedings at the Pietermartizburg High Court, has pleaded not guilty to corruption, money laundering and racketeering related to the acquisition of military hardware that has been mired in accusations of graft. French arms group Thales has also denied wrongdoing.
Zuma is accused of accepting a R500,000 annual bribe from Thales from 1999 in exchange for protecting the company from investigation
- Additional reporting by Reuters, Independent Online
