By Lehlohonolo Lehana.
The National Prosecuting Authority’s (NPA) move to have former president Jacob Zuma hand over medical records to substantiate a claim that he is unable to attend court due to ill-health, failed on Tuesday at the Pietermaritzburg High Court.
This took place this morning in the Pietermaritzburg High Court where Zuma’s application to have advocate Billy Downer SC recused is being argued and counter-argued.
Citing ill health, Zuma was not physically present in court, prompting advocate Wim Trengove SC, who is representing the NPA, to lead evidence on the extent of Zuma’s ailment.
It later emerged in court that the NPA had subpoenaed information from the Department of Correctional Services which recently granted Zuma medical parole, citing ill health.
Among other information that was to be presented was some from the military health services.
Zuma’s lead lawyer, advocate Dali Mpofu SC, told Judge Piet Koen that the request for such information was prejudicial to Zuma as his parole was being challenged in court by a host of parties like the DA, AfriForum and the Helen Suzman Foundation.
Earlier, advocate Muzi Sikhakhane SC, who was representing Fraser and the Correctional Services Department raised concerns that the NPA allegedly bullied departmental officials to write affidavits without having proper legal advice.
In the end, after fierce arguments, Judge Koen ruled that the NPA’s request to have Zuma’s medical record handed over was premature. The case then proceeded to why Zuma feels Downer must be removed as the lead prosecutor of his arms deal trial.
Meanwhile Trengove SC, for the NPA, said it was not “competent” for Zuma’s lawyers to argue the NPA did not have the title to prosecute the former president.
Zuma’s lawyers were in court to argue for a “special plea” application made under Section 106(1)(h) of the Criminal Procedure Act.
The former president has accused Downer of turning his criminal case into “a personal legacy project of his own”.
Trengove said it was clear Downer had the title to prosecute the former president. He slammed Zuma’s lawyers for attacking Downer, saying the prosecutor “should be given a medal”.
But the NPA previously pointed out the courts had already conclusively found an application for the removal of a prosecutor on the basis of bias or an apprehension of bias could not be conflated with a challenge to the prosecutor’s “title” to prosecute – which was often raised when non-State advocates were briefed to pursue private prosecutions.
The trial started in May after numerous postponements as Zuma’s legal team battled to have the charges dropped. It has been repeatedly stalled by legal arguments, including Zuma’s request to replace lead prosecutor Billy Downer, whom he accuses of bias.
Charges against Zuma were dropped in 2009 by former National Prosecuting Authority head Mokotedi Mpshe weeks before he was elected president.
They were, however, reinstated in 2018, marking one of the longest-running legal battles in the country.
The former president is jointly accused with French arms firm Thales and is facing 18 charges, including corruption, money laundering, and tax evasion racketeering linked to the arms deal in the late 1990s.
Zuma has denied the charges and regards the criminal trial against him as politically motivated.
The case is back in court again tomorrow.