By Lehlohonolo Lehana.
Former president Jacob Zuma’s legal representative has argued that his client has been treated differently from everyone else.
Zuma is appearing before the KwaZulu-Natal High Court in Pietermaritzburg on Monday in an attempt to appeal Judge Piet Koen’s dismissal of his “special plea” application. In his special plea application, Zuma had sought the removal of lead prosecutor Billy Downer, and his acquittal on corruption charges.
Zuma’s lawyer, advocate Dali Mpofu, argued that the procedure adopted in Zuma’s leave to appeal application was “irregular and out of the ordinary” because the judge allowed the State to file an answer to the former president’s case.
Mpofu, leading Zuma’s legal team which includes Advocate Thabani Masuku SC, was arguing in the court on Monday for Zuma to be granted the right to appeal (in the Supreme Court of Appeal) Koen’s dismissal of Zuma’s application to have Downer recused.
Zuma’s gripe is that Downer did not have the title to prosecute him, and he further alleges that from as early as 2001, Downer had contaminated the case by leaking critical information to the media and CIA spies.
Mpofu argued for over an hour to drive home his point, opening his argument by saying if we are all equal before the law, courts must not treat Zuma differently or have laws that are only applied to the former president.
He argued that it was unjust to allow Downer SC to head the prosecution, and for Zuma to only complain later.
“In my experience, I have never seen anything like that,” Mpofu said.
“Again, I am speaking about my own experience here. I have never seen any person, accused or not accused, in respect of whom the law seemed to be so overeager to summarily deal with him.”
Mpofu said the Constitution stated that everyone was equal before the law.
“If we are equal before the law, let’s be equal before the law. Let’s not have the Zuma law. Let’s not have laws that are uniquely reserved for him,” Mpofu said.
In October 2021, the High Court ruled that Zuma had failed to prove that Downer lacked the “title” to prosecute him.
Zuma had claimed Downer lacked the independence and impartiality to conduct the case lawfully. Judge Koen dismissed the matter and said Zuma’s corruption trial should proceed in April this year.
The former president faces 16 charges relating to 783 payments he allegedly received from his former financial advisor Schabir Shaik, as well as a R500 000-a-year bribe that the State alleges Shaik facilitated for him from French arms company Thales.
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Video Courtesy of ENCA.