Zuma awaits ruling on recusal case

IT WILL be more than a month before former president Jacob Zuma knows whether or not his application to have State advocate Billy Downer SC removed from his corruption trial is successful.

Zuma’s legal team (led by advocate Dali Mpofu SC and assisted by advocate Thabani Masuku SC) yesterday continued with argument on why Downer should not lead the prosecution of the former head of state for alleged arms deal corruption in the late 1990s.

Argument was heard before Judge Piet Koen in the Pietermaritzburg High Court.

Quoting case law and several sections of the Constitution and the National Prosecuting Authority Act, Mpofu questioned Senior State advocate Wim Trengove’s assertion that Zuma’s application was one for a permanent stay of prosecution, dressed as a section 106 application (when an accused wants a prosecutor to recuse himself).

Mpofu said Trengrove’s court submission was a distortion of their case against Downer and the NPA and it was clear that they wanted a recusal. He said the facts spoke for themselves and pleaded with the court to dismiss the claims.

He further insisted that a prosecutor should be beyond suspicion, saying Downer did not qualify as he had allegedly leaked information to the media and shared some with “spies”. He added that Downer had emotionally attached himself to the case, to the extent that he once cried when he learnt, in April 2009, that it was being withdrawn.

“Like Caesar’s wife, the prosecutor must be above any trace of suspicion, not even wrongdoing, suspicion, as the minister of the truth brings a special duty to see that the case emerges in court,” Mpofu said. He warned that Downer’s recusal would be a “prelude” for them to launch another legal challenge to have Zuma acquitted in the tainted case without being tried in a court.

Mpofu further pleaded with Judge Koen to carefully apply his mind to the court application “about a prosecutor who has breached even the Constitution and should not be allowed to lead Zuma’s prosecution”.

“How could somebody be qualified to prosecute a particular case if, actually, their conduct is in breach of the Constitution or the code of conduct or the NPA Act? It’s just a no-brainer ...” Mpofu told the court

“He (Zuma) should be like any other accused and be tried by a dispassionate prosecutor … they all deserve to be tried by a prosecutor who is not overzealous.”

After listening to all the argument and counter-argument, Judge Koen told all parties that he needed at least a month to prepare a judgment. After seeking guidance on the availability of parties, he said he would hand down judgment on October 26.

Jacob Zuma Foundation spokesperson Mzwanele Manyi told journalists outside court that Zuma was happy with the fight put up by his legal team in court.