The Constitutional Court has refused leave to appeal by former President Jacob Zuma in his bid to have the prosecutor in his Arms Deal corruption trial Billy Downer removed.
This means conceivably, that Zuma’s long-awaited Arms Deal case could actually proceed unless he brings another legal challenge to block his trial from continuing.
That seems very likely as Zuma is seeking to privately prosecute Downer and News24 writer for alleged violations of the National Prosecuting Authority Act in a separate matter linked to News24’s publication of court papers containing a sick note from one of Zuma’s military doctors.
Zuma had attempted to oust Downer from the trial in a special plea before the high court in Pietermaritzburg last year. Zuma said Downer had no title to prosecute because he was biased.
The application was dismissed by judge Pit Koen in October last year.
Following the dismissal of the special plea, Zuma unsuccessfully applied for leave to appeal before the Supreme Court of Appeal (SCA). A reconsideration of that decision by the SCA President Mandisa Maya was also unsuccessful.
Zuma then applied for leave to appeal before the Constitutional Court. In the order dated December 8, the court said it has considered the application. “It has concluded that the application should be dismissed as it bears no reasonable prospects of success,” the order read.
The corruption case of Zuma and Thales SA is set to resume on January 30. Koen said during the sitting in October that he is considering recusing himself from the case.
Zuma and Thales SA are facing charges of racketeering, corruption, money laundering and fraud relating to the arms deal.
Zuma is accused of receiving R4 million from his former financial adviser Shabir Shaik, to assist Thales in securing defence contracts. Shaik was convicted in 2005 but released on medical parole.
Source: News24, Sowetan Live, Times Live, Eyewitness News, Business Day, Polity, image from Twitter: @Constitution_94