No chance of appeal, SCA tells Zuma, which means corruption trial set for April 11

The Supreme Court of Appeal (SCA) has refused to entertain an application by former president Jacob Zuma to appeal against Pietermaritzburg trial court judge Piet Koen’s dismissal of his “special plea” to remove lead prosecutor advocate Billy Downer from his corruption case.

Unless Zuma applies for direct access to the Constitutional Court, this means that the trial will have to resume on April 11.

After pleading not guilty to charges of fraud, corruption and money-laundering relating to the multibillion-rand arms deal, Zuma entered the “special plea” in terms of the Criminal Procedure Act, in which he challenged Downer’s “title to prosecute”, alleging he was biased. 

Koen, however, ruled that any alleged infringement of his fair trial rights should be determined at the end of the criminal trial. He also dismissed, point by point, several other issues raised by Zuma.

He declined to grant Zuma leave to appeal against his ruling, saying this would be “inimical” to the interests of justice and that Zuma’s prospects of appeal were poor.

Zuma then petitioned the SCA, raising several of judge Koen’s findings, which he alleged were wrong. He said it would not be fair to subject him to a lengthy trial with a prosecutor who may be found to have lacked title to prosecute.

Koen’s interpretation of the act, he said, was “an absurdity”.

“In essence, the narrow interpretation favoured by the court a quo renders the phrase ‘title to prosecute’ in respect of public prosecutors to be synonymous with the written authority which is sometimes required before a prosecutor can act.

“This is an absurdity, because had that been the case then the legislature would have used the words ‘authority to prosecute’ instead of ‘title to prosecute’,” he argued — insistent “it should be obvious that ‘title to prosecute’ is a much wider phenomenon than mere authority”.

Zuma also wanted to be granted permission to lead new evidence regarding a criminal complaint he laid against Downer for allegedly disclosing his confidential medical condition through leaking court papers to a journalist.

“The relevance of the evidence is self-evident. The possibility of a suspect in a criminal case opened by one person, also acting as an ‘independent’ prosecutor against the complainant, puts the notion of prosecutorial independence at the centre of the special plea,” he argued.

But in an order signed on Wednesday by the SCA’s registrar, it is recorded that his application for leave to appeal has been dismissed with costs.

“It is ordered that there is no reasonable prospects of success in an appeal and there is no other compelling reason why an appeal should be heard.”

NPA spokesperson Mthunzi Mhaga said: “The NPA welcomes the judgment and will now focus on ensuring that the trial resumes on April 11.”

Zuma and his co-accused, French arms company Thales, are facing charges of racketeering, corruption, money laundering and fraud charges relating to the arms deal.

Zuma is accused of receiving about R4m via his former financial adviser Schabir Shaik to assist Thales to secure defence contracts. Shaik was convicted in 2005, but was released on medical parole in 2009.

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