Zuma’s trial delayed again as judge withholds ruling on prosecutor

The start of the corruption trial against former President Jacob Zuma has been delayed by another two weeks.

Zuma appeared in the Pietermaritzburg High Court on Thursday for what was supposed to be a pre-trial hearing on his arms deal corruption case that has dragged on for almost two decades.

The parties head back to court on September 11 to receive the reasons why Judge Nkosinathi Chiliza dismissed Zuma’s application for State prosecutor Billy Downer to be recused.

Zuma has been fighting for Downer’s removal from the arms deal case, accusing him of bias.

This application was dismissed earlier this year. The Mercury understands that, at the time, it was said the reason for the dismissal of the application would be part of the judgment of the case when it is handed down.

Zuma’s court appearance drew some attention from the public. The newly elected leadership of the MKP packed the courtroom to support Zuma, while a few hundred members of the party waited for his address.

Shortly after Downer updated the court on the history of the case and the possible date for the start of the trial, Zuma’s defence, led by advocate Dali Mpofu, laid out their strategy for the day.

It was largely dedicated to the importance of Judge Chili providing his reason why he dismissed the application to remove Downer as that was central to how the Zuma team would proceed with the case.

Mpofu said the reasons were central to deciding on whether to appeal against that decision.

“We need to know the reason in order to decide whether we can appeal to a higher court, our ability to appeal this decision is depended on knowing the reason the court had given.”

Mpofu said Zuma’s defence was not applying Stalingrad defence tactics; Zuma was exercising his rights that were enshrined in the Constitution.

He said it would be impossible to continue with the trial when there was a chance that another court might find that Downer should not have been part of the case in the first place.

Following a back and forth between the State and Zuma, the judge called for a break.

After the break, the judge said he understood the circumstances facing the Zuma team and the court would reconvene on September 11 when he would hand down his reason for dismissing the application for Downer to be removed.

Outside court, where he addressed the MKP supporters, Zuma lamented the time the trial had taken.

“The case has been postponed. The gist of the argument today is that our lawyers have said the case cannot continue because the prosecutor leading this did wrong things and broke the law, we want him removed because he broke the law,” he said.

Zuma also thanked those who supported the MKP during the elections, saying the party would go on a “nationwide thank you tour” to thank the voters as soon as the case involving the allegations of vote rigging in the May 29 elections was resolved.

Zuma called for black people to unite, saying “white people” were able to rule over the black majority because they were able to divide them. He said this should end because black communities needed to work together.

Floyd Shivambu, the party’s national organiser, who gave a rousing speech, was cornered by members of the party wanting to take pictures with him.

He said the party’s recent win in the North West by-election was an indication that the MKP was not purely a KZN party and was a real alternative to the government of national unity.

The Mercury