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Former President Jacob Zuma
Judge Nkosinathi Chili is expected to hand down his ruling on Thursday in the Pietermaritzburg High Court on the appeal application by former President Jacob Zuma of his earlier dismissal of Zuma’s application for the recusal of the lead prosecutor in his arms deal corruption trial.
Zuma and the State, who opposed the appeal application, argued the matter in February this year, when judgment was reserved.
This latest application before Judge Chili follows the dismissal in 2022 by then-trial court judge Piet Koen of Zuma’s special plea to have Advocate Billy Downer removed as prosecutor.
In his argument for Downer’s recusal before Judge Chili, Zuma said that there were reasonable grounds for him to fear that Downer might hold a grudge against him, particularly since Zuma brought a private prosecution against the prosecutor for alleged media leaks.
In arguments before Judge Chili, the state submitted that Zuma’s application to appeal the earlier ruling was a continuation of his so-called Stalingrad strategy, with an aim to delay the criminal proceedings and to avoid the charges altogether.
Zuma is facing 18 charges of corruption, racketeering, fraud, and tax evasion.
Zuma denied that he had adopted a Stalingrad strategy, but said he would use every protection in the law available to him.
Meanwhile, Judge Chili is also expected to hear an application for an acquittal by Zuma’s co-accused, French arms manufacturer Thales, which is set to argue that unreasonable delays violated its right to a fair trial and that it was unable to defend itself due to the death of two of its witnesses, who are fundamental to its defence.
The state is opposing the application.
Zuma has applied to join the arms manufacturer’s acquittal application.
In another recent blow for Zuma, the Constitutional Court rejected his attempt to order the Supreme Court of Appeal to hear his appeal application on his failed private prosecution of Downer, which the SCA had earlier dismissed.
