FORMER President Jacob Zuma, who is expected to appear in the Pietermaritzburg High Court this week, has refused to give up his fight to have State Prosecutor, Advocate Billy Downer SC recused from his corruption trial.
In a media briefing held by the Jacob Zuma Foundation on Sunday, spokesperson, Mzwanele Manyi, announced that Zuma will institute private prosecution proceedings against Downer.
“When we do a private prosecution, things will be done properly this time. We are not going to have a situation where we are even struggling to give evidence and all that. We tried the other route and it is not working,” he said.
Manyi said Zuma’s legal team will request a further adjournment and is also expected to respond to the supplementary affidavit served by the National Prosecuting Authority.
Manyi said Zuma was applying for a postponement “only because at the present moment, it is very clear that the conditions for a fair trial are non-existent”.
Manyi further confirmed that “contrary to speculations”, Zuma is expected to make an appearance in person at the Pietermaritzburg High Court on Monday.
In February this year, Pietermaritzburg High Court Judge Piet Koen dismissed Zuma’s application to appeal the Downer recusal ruling.
He was then hit with another legal setback when the Supreme Court of Appeal (SCA) echoed Koen’s words by ruling that there is “no reasonable prospect of success”.
Earlier this month, the SCA dismissed, with costs, the application for leave to appeal by Zuma, not only on the grounds that there was no reasonable prospect of success on appeal but also that there was “no other compelling reason why an appeal should be heard”.
However, Manyi also announced that Zuma’s legal team have filed for a reconsideration application to the president of the SCA. He said they have responded to the ruling and made the request within the allocated 30 days.
Zuma wanted Downer to be removed as the chief prosecutor of his arms deal corruption case, accusing him of compromising bias against him and having acted unlawfully on several occasions while handling confidential information.
Zuma alleged that Downer leaked vital information about him, including his medical records, to a journalist.
His “special plea” and petition at the SCA also included the refusal of the appeal and the refusal of the application to introduce new evidence at the high court.
He wanted witnesses to be called to testify about the abuses he claimed to have suffered at the hands of the State.
In a briefing at midday on Sunday, Manyi said “the wheels are being set in motion” to ensure private prosecution goes ahead.
“So you can take it from me that President Zuma has decided that the only way to deal with this will be through private prosecution.
“Clearly, you can see people are abusing the system and we are trying to correct that. Four petitions have been filed but we have received a standard stock answer of dismissal. It is not clear the reasons for the decisions,” Manyi said, adding that hiring of special counsel and filing legal papers can be extremely costly and litigants need the comfort of knowing they have been given due audience.
When questioned about the imminent arms deal trial starting this week, Manyi said it was highly unlikely.
“I cannot see how the trial will start. We are sitting in all these clouds and dust but it is very clear that tomorrow no trial will start,” he said.
Manyi said they were questioning why the State was hanging onto “one man who is close to retirement” to prosecute in this case.
He said they, with Zuma, hold the view that that [Downer’s] hands are dirty.
“Why hold onto one man for dear life and insult other prosecutors?
“We see a miscarriage of justice and a manufacturing of a poisoned tree. We are interested in a fair trial, is that too much to ask?
“Why is it that the State insists on doing something that has all kinds of question marks?”
Manyi said that Zuma was giving the justice system a chance to self correct.
“He is a sacrificial lamb. He is going through this case on behalf of the people of South Africa. They must feel like the South Africa we all wanted is the South Africa we all have and that is not the case right now,” Manyi said.
He added, “We conclude by saying that all President Zuma is looking for really, is his day in court in a fair trial, and certainly not a forum, which has got all the hallmarks of being rigged by the state in the manner described above. And all the previous unfair and incorrect decisions, which will hopefully be corrected by higher courts. Above all, prisons are more calls on all those who support you to be vigilant, disciplined and patient and always act within the law. No person should take the law into their own hands. And similarly, there must not be abuse of positional authority.
“President Zuma will continue to respect the courts irrespective of the treatment meted out to him like he did when he was incarcerated without trial. Like when he was denied the right to appeal. Like when he was denied the right to mitigate sentence but he still went through the process in an orderly manner in the end. Injustice will never triumph over justice.
“As the film, Chata, promised, one day, all shall be equality before the law. We hold the view that that day has not come yet. President Zuma is treated far from what equality before the law entails.
“The legal team of President Zuma is ready to present his case tomorrow until justice is done. Finally, the foundation wishes President Zuma a very special and happy 80th birthday on Tuesday the 12th of April, 2022. Thank you very much.
“That concludes the press briefing from our side. Happy to take questions. And I’m not going to take five at a time. I’ll take one on one. Just introduce yourself. I’ll respond to each question as it comes.”
Political Bureau
