Durban - Advocate Dali Mpofu SC has taken issue with Pietermaritzburg high court Judge Piet Koen’s ruling that former President Jacob Zuma's opposition to having Advocate Billy Downer SC as the lead prosecutor in his corruption case, can be dealt with at the end of the trial.
Mpofu, leading Zuma's legal team which includes Advocate Thabani Masuku SC, was arguing in the court on Monday for Zuma to be granted the right to appeal (in the Supreme Court of Appeal) Koen's dismissal of Zuma’s application to have Downer recused.
Zuma’s gripe is that Downer did not have the title to prosecute him, and he further alleges that from as early as 2001, Downer had contaminated the case by leaking critical information to the media and CIA spies.
Mpofu argued for over an hour to drive home his point, opening his argument by saying if we are all equal before the law, courts must not treat Zuma differently or have laws that are only applied to the former president.
He argued that it was unjust to allow Downer SC to head the prosecution, and for Zuma to only complain later.
"How can that be justice?" Mpofu asked Koen.
He stressed that Zuma cannot be told to wait for the trial to end before he could complain about Downer. This was in response to Judge Koen ruling late last year that the former president could only appeal at the end of the trial when the evidence has been led.
Mpofu also reminded Judge Koen that on October 21, 2021, Zuma laid criminal charges against Downer, saying that while the senior NPA prosecutor was not an accused, at best he was a "suspect" because he was being investigated by the SAPS for alleged misconduct.
Mpofu further reminded the court that during his application for a permanent stay of prosecution in May 2019, the late Judge Bhekisisa Mnguni ruled that the issues Zuma raised about Downer and others must be dealt with during the trial.
So if the court does not want to entertain that, it means no one wants to deal with the matter and that is unfair for Zuma, Mpofu said.
"Why would someone wait until the end of the trial when... their rights are being threatened?" Mpofu argued, saying that that was at the heart of the case.
Mpofu further argued that every accused, as stated in the bill of rights, had a right to a fair trial and the right to appeal to a higher court.
“As such, that right cannot be sacrificed at the altar of the speediness of the trial,” he said in reference to Koen’s assertion that the corruption trial had dragged on and the time had come for it to be heard.
Meanwhile, the court chambers and the park across the road were full of Zuma’s loyal supporters and family members who came to show their support.
Among those who were spotted inside the court was Super Zuma, former ANC KZN provincial secretary; Supra Mahumapelo, Carl Niehaus, Des Van Rooyen, Dudu Myeni, Duduzile Zuma, and Thobani Zuma, the former deputy mayor of Msunduzi.
Supporters in ANC regalia were camped outside the court under the watchful eye of the SAPS with the hope that Zuma would come to greet them.
Political Bureau