JZ to open case against Downer
A FEW days before the Pietermaritzburg High Court rules on former president Jacob Zuma's application to have the National Prosecuting Authority’s (NPA) advocate Billy Downer SC recused from his corruption trial, Zuma has opened another line of attack.
Zuma argued that if Downer leads his prosecution on behalf of the State, it would not bode well for the “fair dispensing of justice”.
Yesterday, the Jacob Zuma Foundation announced that Zuma would today open a criminal case against Downer at the Pietermaritzburg police station.
The case stems from an incident in early August, where shortly after being granted medical parole, Zuma sent a medical note to Downer to prove that he was unable to be physically present in court because he was still ill and was still receiving medical treatment from military health services.
He alleged that Downer was exclusively given the medical note detailing his medical condition, to back up his claims, and as soon as the note was sent to Downer, his legal team received a questionnaire from a certain journalist, asking about the contents of the medical note. “On August 9, 2021 and in keeping with this attitude, Mr Downer, strangely, filed an unsolicited affidavit, even prior to us filing our postponement application, in which he disclosed and annexed the confidential medical report in respect of Mr Zuma.
“While preparing our application, an enquiry was made by a journalist who appeared to have a source in the NPA on matters involving Mr Zuma, (and) who broke the story of the medical report/letter and, to our utter surprise and shock, referred to its contents in such a way that it was abundantly clear that the journalist had read or had been advised of the contents thereof,” Zuma said when he filed court papers, widening the scope of his application against Downer.
Now Zuma wants the police to investigate Downer and have him criminally charged for the alleged misconduct.
The foundation said in a statement yesterday that as Zuma indicated in court on September 22, 2021, he would be laying criminal charges against Downer “for his admitted conduct which is in breach of sections 41(6) read with 41(7) of the NPA Act”. The foundation invited the media to a briefing outside the police station today.
The latest case added to another allegation levelled by Zuma against Downer, that between 2000 and 2007, Downer leaked information about Zuma’s corruption trial to media houses and CIA spies.
Judgment on Zuma’s application to have Downer removed from his trial is expected to be handed down by Judge Piet Koen next Tuesday.
Legal expert Mpumelelo Zikalala of Zikalala Attorneys, said Zuma’s case against Downer would not be able to help him ahead of the judgment as the matter had already been argued in court.
However, Zikalala warned that Zuma could be building up ammunition that he could use against Downer to try to prove he was unfit to lead his prosecution. “During the corruption trial, Zuma’s legal team could ask the SAPS to present the docket about the investigation against Downer and use the evidence that he is (allegedly) compromised and once acted in an unethical manner.
“The SAPS investigation would help Zuma by having all the information he needs to argue against Downer.”
NPA spokesperson Mthunzi Mhaga said he could comment on the criminal case Zuma planned to open against Downer since no charges had been laid against Downer by yesterday.