By Lehlohonolo Lehana.
The Pietermaritzburg High Court on Tuesday granted former president Jacob Zuma a postponement in his arms deal corruption trial.
The corruption trial, which involves Zuma and French arms company, Thales, is set to resume on 9 and 10 September.
Zuma, who is currently serving a 15-month prison sentence, was hospitalised last week from the Estcourt Correctional Services Facility.
He was expected to attend Tuesday’s hearing in person at the Pietermaritzburg High Court, but this did not happen following his hospitalisation.
Zuma is facing a string of corruption charges linked to the arms deal. The start of his corruption trial has seen numerous postponements.
Tuesday’s hearing was intended to deal with Zuma’s application for the recusal of prosecutor advocate Billy Downer, who Zuma accused of being conflicted and having targeted interests.
Zuma also intends to argue that the charges against him be dismissed based on these accusations.
Advocate Dali Mpofu, for Zuma, told Judge Piet Koen that the medical report outlining Zuma’s condition could rule either way on his ability to stand trial.
The State will be allowed to assess the report and make its own determinations on whether it seeks to cross-examine the legal practitioner, if Zuma is ruled unfit to stand trial.
However, advocate Wim Trengove SC has raised concerns about the medical practitioner’s letter submitted detailing Zuma’s condition. The letter states that he is suffering from a medical condition that has persisted for 18 months, but the condition is not stated.
Trengove said this report was vague and did not detail exactly what was Zuma’s health condition and illness.
Mpofu pushed back on Trengove’s accusations, saying that the medical condition details were private.
The State has been granted permission to appoint its own medical practitioner to examine Zuma, and that practitioner would be available for cross-examination, if needed.
The court also debated whether the next proceedings should be heard virtually or in person. If Zuma is cleared to appear in court, the special plea application will proceed in person.
Judge Koen said he would consider the logistics around hearing medical evidence virtually, although both Mpofu and Trengove agreed that an in-person hearing would be preferable.
“If it is to be by way of a virtual hearing, my concern is to ensure the integrity of the process. I want to ensure that they testify in a room where there is some sort of oversight to ensure the integrity of the process,” he said.
The judge suggested that each legal team could nominate a representative to sit in the room where the doctor is testifying, to ensure there is no interference.
The lawyers agreed to consult and provide the court with a joint letter, suggesting the best course of action on the format of the hearing.
Although court proceedings were held virtually, police were on guard outside the Pietermaritzburg high court on Tuesday morning. Zuma supporters had planned to protest outside court for the former’s president’s in-person hearing but put they put their plans on hold late on Sunday amid the anticipated postponement via virtual linkup.
Meanwhile letters emerged on social media sent by Brigadier Dr Mcebisi Zukile Mdutywa to the Department Correctional Services and the National Prosecuting Authority (NPA), stating that Zuma’s life was at significant risk and that he would require an extensive emergency procedure.
Spokesperson for the Foundation, Mzwanele Manyi, said Zuma’s medical records are confidential.
“The foundation has accordingly instructed the legal team to take all the necessary legal steps to protect the grossly violated right of President Jacob Zuma. This will include but not be limited to reporting the culprits to their institutions of accountability and or initiating the appropriated civil or criminal proceedings.
“It cannot be that private and state agencies, in the pursuit of profit and hatred targeted at an individual, can be allowed to trample upon the basic human rights of our Patron in the manner witnessed today.”