THE legal team of former president and uMkhonto weSizwe Party (MKP) leader, Jacob Zuma, has successfully applied for the provisions of reasons why the judge in his Arms Deal case denied his earlier request to have Advocate Billy Downer recuse himself.
Pietermaritzburg High Court Judge Nkosinathi Chili ruled on Thursday for the trial to be postponed to September in order for the court to give reasons for the decision to deny a request to have Downer removed as a participant in the arms deal case against Zuma.
This follows Zuma’s application back in March for the removal of Downer over an alleged bias and claim by the former president that his rights would be infringed by Downer’s continued presence.
Judge Chili, in dismissing the application, previously held that he would provide reasons for his decision, only after the expected start of court proceedings in March next year.
This is an additional appeal by Zuma’s legal team, to the previous attempt to have Downer removed, in terms of section 106 of the Criminal Procedure Act, which was similarly denied.
Advocate for Zuma, Dali Mpofu argued for a halt in the proceedings and said the reasons were required for establishing the appeal against the court’s previous ruling.
“The right to appeal goes symbolically with the right to the provision of reasons. Because you can’t just appeal. Appeal what?,” he said.
Mpofu said the prosecution should be decisive and either keep Downer or the trial: the replacement of him as a prosecutor in the case, or drop the case in its entirety.
“The issue of the recusal of Mr Downer is obviously intertwined with the commencement of the trial… They can’t have their cake and eat it. They can’t want to commence the trial and retain Mr Downer,” Mpofu said.
Judge Chili admitted that exceptional circumstances existed which justified the granting of Mpofu’s request.
However, he did not elaborate on what the exceptional circumstances were before telling the parties to return to court in September.
The former president is facing charges of fraud, corruption and money laundering relating to the controversial arms deal involving French arms manufacturer, Thales.
It is alleged by the state that Thales paid a bribe to Zuma through a company, Nkobi Holdings, linked to convicted Durban businessman, Schabir Shaik.
Shaik was subsequently sentenced for his role, but then released on medical parole in 2009.
Downer rejected the argument for his recusal, and said that it would set a very dangerous precedent if accused persons were allowed to pick and choose their prosecutors.
Newly-appointed MK party member Floyd Shivambu defended Zuma outside the court, and said the arms deal corruption case is a campaign against the former president.
“Even this case that is following here, it’s against international law. You can’t put a person on trial for more than 20 years and without any solution. Once justice is delayed, it is denied. This is a witch-hunt, and it must be condemned and rejected by everyone,” Shivambu said.
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