Pietermaritzburg High Court Judge Piet Koen said on Monday that he would recuse himself from the trial involving former president Jacob Zuma, saying this was in the interest of justice.
Zuma and his co-accused, French company Thales, face charges related to fraud, corruption and money laundering in connection with the arms deal that took place in the 1990s.
Koen postponed the matter in October after he invited arguments from the State and defence as to whether he should continue to preside over Zuma’s trial so that the integrity of the trial was beyond reproach.
Koen’s invitation for submissions on his potential recusal came after Zuma’s lawyers asked that he make a decision on whether the prosecutor, Billy Downer, should continue to participate in the case. This after the former president had initiated a private prosecution against him and News24 journalist Karyn Maughan for allegedly violating the National Prosecuting Authority Act.
On Monday Koen said: “I have come to the conclusion that I have to recuse myself from the trial. It is what the sound administration of justice, the Constitution and my conscience dictates. The trial should therefore have to be heard by another judge.”
Koen said while delivering judgment on the issue of his recusal that the fact that a private prosecutor had been pursued by a person being prosecuted was a matter of great concern.
“It is not per se, conclusive of this issue. It does not mean if there is a private prosecution that the prosecutor has a personal crusade against the accused. There must be a weighing of all considerations. It must be perceived to be objectively verified.”
Koen adjourned the matter and said it would resume later on Monday with a new judge who would preside in his place.
Political Bureau
