By Lehlohonolo Lehana.
The Constitutional Court has unanimously dismissed Jacob Zuma’s last attempt to force the removal of prosecutor Billy Downer through a so-called “special plea” process, which the former president contended would entitle him to an acquittal.
This means, that Zuma’s long-awaited arms deal case could actually go ahead – unless he brings another legal challenge to block the trial from going ahead.
And that seems likely, as he is currently seeking to privately prosecute Downer for alleged violations of the National Prosecuting Authority Act in a separate case linked to News24’s publication of court papers containing a sick note from one of the former president’s military doctors.
That application was dismissed by Judge Piet Koen in October last year.
Following the dismissal of the special plea, Zuma unsuccessfully applied for leave to appeal before the Supreme Court of Appeal (SCA). A reconsideration of that decision by then SCA President Mandisa Maya was also unsuccessful.
Zuma then applied for leave to appeal before the Constitutional Court.
In the order dated December 8, the court said it has considered the application for leave to appeal. “It has concluded that the application should be dismissed as it bears no reasonable prospects of success,” the order read.
The corruption case of Zuma and Thales South Africa is set to resume on January 30 next year.
Zuma and Thales are facing charges of racketeering, corruption, money laundering and fraud relating to the arms deal.