Zuma, NPA await ruling
FORMER president Jacob Zuma will have more than a month-long wait before he gets to know whether his long-held wish to force the National Prosecuting Authority’s advocate Billy Downer SC out of his corruption case is successful or not.
Zuma’s legal team yesterday continued where it left off on Tuesday and put up a fierce legal battle on why Downer should not lead the prosecution of the former head of state for alleged arms deal corruption in the 1990s. His lead lawyer, advocate Dali Mpofu SC, assisted by advocate Thabani Masuku SC, continued with their battle before Pietermaritzburg High Court Judge Piet Koen.
Quoting case laws and sections of the Constitution and the NPA Act, Mpofu frowned at arguments by Wim Trengove SC, representing the NPA, who told the court that Zuma’s application was a permanent stay of prosecution application dressed as a section 106 application (when an accused wants a prosecutor to recuse himself).
Mpofu said their case was clear that they wanted a recusal. He insisted that a prosecutor should be beyond suspicion and argued that Downer lacked that as he has allegedly leaked information to the media. He also said Downer had attached himself to the case emotionally to the extent that he once cried when he learnt it was being withdrawn in April 2009.
“Like Caesar's wife, the prosecutor must be above any trace of suspicion, not even wrongdoing, suspicion, as the minister of the truth brings a special duty to see that the case emerges in court,” Mpofu said.
“How could somebody be qualified to prosecute a particular case if actually their conduct is in breach of the Constitution or the code of conduct or the NPA Act?
“It's just a no-brainer, particularly if we emphasise our business is about affirmation the section 35 of the accused. He (Zuma) should be like any other accused and be tried by a dispassionate prosecutor,” he said.
Judge Koen told the parties that he needed at least a month to prepare a judgment and said he would hand down the judgment on October 26.
The spokesperson of the Jacob Zuma Foundation, Mzwanele Manyi, told journalists outside court that Zuma was happy with the fight put up by his legal team in court.