Zuma to resist giving video evidence from his cell

Former president Jacob Zuma has “readied himself” to give oral evidence motivating for state prosecutor Billy Downer’s recusal in the arms deal trial, says his attorney.

However, in a contradictory move, Zuma wants Monday’s recusal sitting postponed because judge Piet Koen told parties it would be virtual. When court resumes on Monday at 10am, Zuma will argue for an adjournment.

His spokesperson, Mzwanele Manyi, said a criminally accused is essentially prejudiced when they do not appear in person before a judge.

“It’s just not practical,” said Manyi of Zuma appearing before Koen via video from his cell in Estcourt prison, KwaZulu-Natal.

Zuma began serving a 15month prison sentence for contempt of the apex court in the early hours of July 8. He met his lawyers about his ongoing criminal case over the 1990s arms deal and alleged kickbacks on Friday. The next day Zuma filed a formal plea for the delay of the recusal hearing.

His effort to stall the sitting about Downer’s recusal by at least a week, which is reflected in an affidavit filed by his attorney Mondli Thusini, will be seen as yet another Stalingrad move by the former president.

Zuma’s conduct as a litigant has been characterised as unwavering. Decades of litigation show Zuma’s resolve in seeking delays, frustrating the progress of cases and appealing decisions as far as possible.

A recent judgment of the Constitutional Court, which sent him to prison, slated Zuma for attacking the judiciary and attempting to corrode the highest court’s authority.

Zuma’s stab at a postponement on Monday will be the latest scene in the trial-within-a-trial he has been pursuing since mid-May when he thwarted the beginning of trial proceedings proper.

Arms deal whistleblower and minister Patricia de Lille was poised to testify as the first of about 217 state witnesses. However, at the 11th hour, Zuma put a wedge in the trial’s commencement, raising his intention to say Downer should recuse himself. Zuma launched his assault on the basis that Downer

was biased against him and, therefore, did not have “the title to prosecute”, which is one of the reasons a prosecutor may be recused in terms of the Criminal Procedure Act.

Koen ordered Zuma and the state to file affidavits and heads of argument in which parties set out what they will raise in court. Monday was set down for the showdown between Zuma’s lawyers and those for the state.

Zuma wants to lead oral evidence to support his petition against Downer and suggested he may call witnesses of his own to back up his side.

Pending the recusal case deliberations, Zuma was charged with crimes including corruption, fraud, money laundering and racketeering. On May 26, Zuma pleaded not guilty.

Whether Zuma’s bid for a postponement wins, it will consume time initially set down for addressing the recusal application he launched in May. Zuma’s lawyers argue the virtual sitting is impermissible by law because it would amount to a trial in his absence. The day’s progress hinges on Koen’s response.

ZUMA WANTS TO LEAD ORAL EVIDENCE TO SUPPORT HIS PETITION AGAINST DOWNER AND SUGGESTED HE MAY CALL WITNESSES