Former president Jacob Zuma has lost his application in the Pietermaritzburg High Court for State advocate Billy Downer SC to be removed as prosecutor from his arms deal corruption trial.
Judge Nkosinathi Chili ruled that he was not persuaded by Zuma’s reasons for Downer to be removed as prosecutor in the case.
The presiding judicial officer said he will give his reasons later.
He said the application was brought on the basis that Downer did not gave a title to prosecute.
He said the question was whether the involvement of Downer in the trial would infringe Zuma’s right to a fair trial.
“I am not persuaded that Zuma succeeded in establishing that the retention of Downer as the prosecutor in this matter could prejudice his right to a fair trial enshrined in Section 35 (3) of the Constitution. I, therefore, make the following order: the application for the removal of Downer as the public prosecutor in the criminal prosecution of Zuma and Thales SA Pty (Ltd) is dismissed. Reasons shall be incorporated in my judgement,” said judge Chili.
He said the matter will be back in court on May 17 for a pre-trial conference.
Downer indicated that he wanted the trial to proceed as it has been delayed for six years already since the National Prosecuting Authority (NPA) reinstated the charges against Zuma.
The NPA reinstated the charges in 2018 after the court ruled on the matter.
Zuma’s advocate Dali Mpofu SC said he was with Zuma at the Electoral Court in Bloemfontein where he received instructions from the former president to appeal the ruling.
siyabonga.mkhwanazi@inl.
Politics