Another court blow for Zuma as Downer matter struck off the roll
Jacob Zuma yesterday moved a step closer to answering allegations of arms deal corruption after the Pietermaritzburg High Court yesterday struck his private prosecution case against National Prosecution Authority (NPA) senior prosecutor advocate Billy Downer off the roll.
The arms deal corruption case against the former president was put on hold to allow Zuma to explore his private prosecution case against Downer, whom Zuma wants removed as lead prosecutor in the arms deal case for allegedly leaking his medical report to journalist Karyn Maughan, who he also wanted prosecuted.
However, with yesterday’s court ruling being the latest in a series of rulings against Zuma, the former president is running out of legal options to stop the NPA from prosecuting him for his role in the arms deal, which was concluded in the ’90s when Zuma was KwaZulu-Natal MEC for Economic Development and a senior ANC leader.
Should the Constitutional Court (ConCourt) — which is currently considering Zuma’s appeal against the rulings of the lower courts on his bid to have Downer privately prosecuted — dismisses Zuma’s appeal, the arms deal trial against him will begin.
Zuma had wanted the private prosecution case to remain on the court’s roll pending the outcome of his appeal at the ConCourt.
However, Pietermaritzburg High Court Judge Nkosinathi Chili yesterday ruled that the matter should be removed from the court’s roll, pending the outcome of Zuma’s appeal at the ConCourt. This after both Downer and Maughan’s legal teams told the judge that, given that the previous courts have set aside the summons which the former president issued against the duo, it was unlikely that the ConCourt would rule in Zuma’s favour.
In March, the Electoral Court rejected the ANC’s application to have Zuma’s uMkhonto weSizwe Party (MKP) removed from the Electoral Commission South Africa (IEC) list of parties eligible to contest the May 29 general elections. Over a week ago, the Electoral
Court overturned the IEC decision to bar Zuma from contesting the upcoming general elections.
On Tuesday, Zuma received another boost following an announcement by the IEC that he would be the face of the MKP on the ballot.
While the Pietermaritzburg High Court ruling was a blow to Zuma, the former president’s MKP supporters nevertheless hailed Chili’s order as a victory for the leader of the newly formed party.
“As the MKP, we welcome [yesterday’s] judgment as it upholds our president Zuma’s right to seek justice against those who disregarded his rights as a citizen of this country. We are also confident that the Constitutional Court will vindicate us,” said MKP Moses Mabhida region co-ordinator Reggie Ngcobo.