By Lehlohonolo Lehana.
Former president Jacob Zuma is ready to proceed with the corruption and racketeering trial against him, his legal team told the Pietermaritzburg High Court as trial proceedings were postponed until May 26.
Zuma is on trial on charges of racketeering, two counts of corruption and 12 counts of fraud – nine of which are for allegedly making false income tax returns. He is charged along with French arms manufacturer Thales.
The start of proceedings on Monday, saw lead prosecutor Billy Downer approaching Judge Piet Koen on an application for his possible recusal. Downer said he and the National Prosecuting Authority had yet to see the application. Downer said the NPA had not been given notice of the application plea.
Zuma’s legal team will file papers on Wednesday in support of the objection against Downer leading the trial against him.
In the papers, Zuma will state reasons for calling for Downer’s recusal from the proceedings.
Zuma’s trial was expected to start on Monday in the Pietermaritzburg high court, but the court was informed that Zuma planned to object to Downer prosecuting him.
Zuma’s lawyer, advocate Thabani Masuku, told the court Zuma was ready to proceed with the trial and that his objection should not be seen as sign that he was stalling.
Judge Koen said Zuma’s objection was being accommodated and postponed the proceedings to May 26 for the former president’s plea to be recorded in court.
The call for Downer to recuse himself will be dealt with after Zuma pleads.
Speaking on the sidelines of Monday’s proceedings, NPA spokesperson Sipho Ngwema didn’t mince his words: “It’s something that we’re not happy with.”
The case was last in court in February, when it was certified as “trial ready” and postponed to Monday for the state’s first witness to take the stand. Ngwema said the special plea Zuma now wanted to bring could have been dealt with ahead of time.
He emphasised the state was ready to proceed to trial. “We want it here, we want it now,” he said.
When it came to whether there was any merit to Zuma’s special plea, Ngwema pointed out that the state had not yet had sight of the supporting papers.
“We need to understand what they are raising,” he said.
But he seemed to suggest it was – on the face of it at least – unfounded.
“They want to bring an application to say that the prosecutor does not have prosecuting authority or delegation – that delegation is issued by the National Director of Public Prosecutions (NDPP),” he said,
“At face value, Billy (Downer) has been a member of the NPA for many years… They have been dealing with him on this case for the past two decades”.