The NPA says Jacob Zuma has ‘no right’ to appeal the dismissal of his latest bid to force the removal of his corruption prosecutor, Advocate Billy Downer SC, before his trial ends – and argues the case against him must (finally) proceed.

News24 reports that the former President is due back in the KZN High Court (Pietermaritzburg) today where his lawyers are expected to argue his appeal application, while the NPA pushes for a final trial date to be set.

The state is adamant Zuma's latest appeal application is ‘manifestly an abuse of court process’ and yet another manifestation of his ‘Stalingrad defence strategy’ that it contends has ‘the improper intent and purpose of delaying justice in this matter, as evidenced by successive litigation since 2005 aimed at postponing this trial’.

‘This prosecution has endured delays exceeding 15 years,’ the state says in court papers.

‘On 23 February 2021, the state and Mr Zuma concurred that this matter is trial-ready. Despite that agreement, more than three years later the trial has still not commenced, as a result of the interlocutory processes and postponement requests initiated by Mr Zuma. This application is brought to further delay the commencement of the trial.’

According to the prosecuting authority, ‘the abuse of the process of court and the utilisation of the Stalingrad strategy have adversely affected the rights of the co-accused (French arms company Thales) and the state’.

‘The court has both an inherent power and a duty to prevent the abuse of court processes which are designed to enhance the administration of justice and the commencement of this trial,’ it adds.

Zuma, however, insists that Judge Nkosinathi Chili was wrong to refuse his second application to force Downer's removal, which follows his failed attempt to force the prosecutor's removal through a so-called ‘special plea’ and his subsequent invalidated bid to privately prosecute him and writer Karyn Maughan for alleged violations of the NPA Act.

News24 notes that the private prosecution was declared an abuse of process by a full Bench of the court, which condemned Zuma's claims of criminality against Downer and Maughan as meritless and improperly aimed at further delaying his trial and silencing reporting on his Stalingrad litigation strategy.

That ruling was unanimously enforced by the SCA, meaning that Zuma's private prosecution remains invalidated while he seeks to revive it.

Full News24 report