By Lehlohonolo Lehana.
The corruption trial of former president Jacob Zuma and French Arms Company, Thales has been postponed to next year.
The postponement comes pending the appeal application by Zuma to the Constitutional Court to have the state prosecutor, Advocate Billy Downer removed from the trial.
Zuma’s legal team had filed an application to the Constitutional Court urging it to direct the Supreme Court of Appeal to reconsider its decision to deny Zuma leave to appeal the dismissal of his special plea, challenging Downer’s standing as a state prosecutor.
The matter was back in the Pietermaritzburg High Court on Wednesday morning, where Judge Piet Koen ruled on a way forward, pending the outcomes of applications from Zuma.
Similar appeals by Zuma were dismissed by Koen and the Supreme Court of Appeal earlier this year.
This led Zuma to approach the Constitutional Court. Zuma wants the trial to be halted pending his application for leave to appeal a Constitution Court ruling.
Zuma has also launched an appeal with the Constitutional Court against Koen’s judgment in his bid to get Downer removed from the case.
Koen told the court that these developments have brought into sharp focus whether that he decide on one or more of these issues.
He’s now invited parties to give written submissions as to whether he should recuse himself from the case.
“Including eventually also issues such as whether Zuma will receive a constitutionally fair trial as the end of the day having regard to findings I have made and views I have previously expressed.
“Although the issue is mainly one of my own conscious, I invited the parties during arguments on 17 October 2022 to address any written submissions they may wish to place before me in regard to my possible recusal by Friday, 21 October 2022.”
Koen says many factors have contributed to his decision to postpone.
“I had initially contemplated that the matter be adjourned to a date this year for judgement, but that would have ben an optimistic expectation, having regard to the complexity of the issue as my preliminary research in the last few days has suggested and having regard to my current workload.
“In the light of the practicality that the trial could in any event, not resume until the second term of 2023 I intend to adjourn the trial to 30 January 2023. This will avoid adjournments in the interim period while my judgement is being prepared.”
Zuma and Thales are accused of corruption, racketeering, and money laundering linked to the 1999 arms deal.
The matter is due back in court on January 30, 2023.