By Lehlohonolo Lehana.
@TrevorSamson.
The Pietermaritzburg High Court on Wednesday postponed the fraud and corruption trial of former president Jacob Zuma and French arms manufacturer Thales to 19 July 2021.
Judge Piet Koen ordered this will be for the adjudication of Zuma’s application to recuse National Prosecuting Authority (NPA) prosecutor Billy Downer from the case.
Earlier, Zuma’s legal team led by advocate Thabani Masuku told the court Downer lacked the attributes necessary to lead a fair and independent trial.
“It is clear that Downer should be removed as prosecutor in terms of the Criminal Procedure Act. He is not entitled to conduct a lawful prosecution because he lacks the attributes necessary for a fair trial – independence and impartiality,” Masuku said, reading from Zuma’s affidavit.
Zuma also wants the high court to acquit him of all charges in the event his application to remove Downer succeeds.
Masuku said: “In the event that Downer is removed, I’m entitled to be acquitted in term of the Criminal Procedure Act because my trial cannot be conducted fairly in accordance with the Constitution under the circumstances.
“For all the reasons set above, Downer’s lack of independence and impartiality to conduct a fair trial is terminal and therefore incurable. He should be removed. His passionate pursuit of this prosecution in the circumstances set out is demonstrative of prosecutorial bias in which the only objective is to win.”
Zuma’s new legal representative, advocate Dali Mpofu, also told the court the former president believed his right to a fair trial would be jeopardised as Downer was not impartial.
He said Downer was a witness against Zuma when the DA called for a review after the National Prosecuting Authority (NPA) did not want to pursue charges against the former president.
Zuma pleaded not guilty to racketeering, corruption, fraud and money laundering before presiding judge Koen in the Pietermaritzburg high court.
In a statement on Wednesday, the state said it had appointed four advocates to deal with the matter.
NPA national spokesperson Sipho Ngwenya said advocates Wim Trengove, Andrew Breitenbach, Hephzibah Rajah and Ncumisa Mayosi have been appointed and “effectively given a delegation in terms of the NPA Act to be prosecutors in this matter”.
Zuma’s plea is his latest move to put an end to the prosecution. In the past, his defence team was accused of adopting a “Stalingrad approach” by launching court applications to delay the start of the trial, while the state has always said it was ready to proceed.
Zuma is accused of receiving an annual bribe of R500,000 from French arms dealer Thales for protection from an investigation into the controversial arms deal.