Lawyers representing former President Jacob Zuma have warned that the criminal case against him was unlikely to start next year as they plan to launch another appeal process that is likely to disrupt the start of the trial.
Zuma’s legal team is planning to launch an application for leave to appeal the decision by Judge Nkosinathi Chili to dismiss Zuma’s application to have state prosecutor Billy Downer removed from the case.
Dates between April and September next year had been reserved for the start of the arms deal trial that has been dragging on for almost two decades.
Zuma faces corruption, fraud, theft and racketeering charges for allegedly taking bribes from French arms manufacturer Thales, the second accused in the matter.
Two weeks ago, the parties met in the Pietermaritzburg High Court for a pretrial hearing but that could not proceed as Zuma’s legal team demanded they be given the reason why their application to remove Downer had been dismissed by Judge Chili. The judgment was delivered in March this year but the reasons were delivered on Wednesday.
Detailing his reasoning, Judge Chili said: “Having considered all the grounds relied upon by Mr Zuma, both individually and cumulatively, I was unable to conclude that Mr Zuma’s right to a fair trial would be violated if Mr Downer remained the prosecutor in the matter.”
He said Zuma’s application to remove Downer relied on four pillars.
“I begin with Pillar one, the private prosecution of Downer. Zuma’s request for the removal of Downer is anchored on the private prosecution of Downer. It was argued that if Downer were to prosecute Zuma today and then be prosecuted by Zuma the next day, society will make a mockery of justice system.
“If that were the position, then I would not have hesitated to grant an order removing Downer as the public prosecutor, but that is not the position.
As things stand, there is no private prosecution, all attempts by Zuma have been unsuccessful.
“The Supreme Court (of Appeal) had already made a factual finding that the attempt by Zuma to prosecute Downer amounted to abuse of process,” said Judge Chili.
He said other pillars included the allegation that private health information had been leaked to journalists. Chili said it had been found that Downer had not done so. After the reasons were detailed, Zuma’s lawyers indicated they plan to launch an application for leave to appeal.
The parties are to return on February 6, 2025, where the application for leave to appeal will be heard. Zuma’s lawyer Adv. Nqabayethu Buthelezi said the court should not keep the dates that have been reserved for the trial in place, in light of the coming appeal.
“We have to take exception to the date of April next year being reserved, simply because of the absurdity of the proposal.”
He said the application for leave to appeal will only be argued next year.
“We will argue the application for leave to appeal, not the leave to appeal in the first quarter of next year. What purpose is served if we enrol a matter that for all intents and purposes, from what we can anticipate, would still be a subject of an appeal come April next year?
“I think it would be prejudicial to the court to keep blocking (reserving) those dates. To block two terms is prejudicial to the council because Downer cannot explain how it could happen while the matter is being appealed, whether that leave to appeal is granted or denied. The appeal avenues that are available make it unfeasible that we (cannot) sit here in good spirits and say that we are going to start a trial in April, that is not pragmatic,” he said.
NPA spokesperson Mthunzi Mhaga, speaking when the court adjourned, said attempts by Zuma to remove Downer had failed numerous times in different courts.
“It’s unfortunate that we can’t entertain the (application for) leave to appeal this year, 2024, because the judge is not available, and it will be entertained in February next year. We are hoping that it will not have any bearing on the trial dates that have been reserved till September next year.
“What is quite disheartening is that it is the same facts, same grounds are used to mount an appeal, I want to conclude that Zuma has no interest in seeing this case proceeding against him. We will vigorously argue for the application of leave to appeal to be dismissed,” he said.
The Mercury