Zuma’s bid to remove prosecutor Billy Downer shot down by top court

The Constitutional Court has refused leave to appeal by former president Jacob Zuma in his bid to have the prosecutor in his corruption trial Billy Downer removed.

Zuma had attempted to oust Downer from the trial in a special plea before the high court in Pietermaritzburg last year. Zuma said Downer had no title to prosecute because he was biased.

That application was dismissed by judge Piet Koen in October 2021.

Following the dismissal of the special plea, Zuma unsuccessfully applied for leave to appeal before the Supreme Court of Appeal (SCA). A reconsideration of that decision by then SCA president Mandisa Maya was also unsuccessful.

Zuma then applied for leave to appeal before the Constitutional Court. In the order dated December 8, the court said it has considered the application. “It has concluded that the application should be dismissed as it bears no reasonable prospects of success,” the order read.

The corruption case of Zuma and Thales SA is set to resume on January 30. Koen indicated during the sitting of the case in October that he is considering recusing himself.

Zuma and Thales are facing charges of racketeering, corruption, money laundering and fraud relating to the arms deal.

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

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