Judge concedes ‘exceptional circumstances’ in Zuma appeal
KZN High Court (Pietermaritzburg) Judge Nkosinathi Chili has agreed to provide reasons for his decision denying former President Jacob Zuma’s request to have Advocate Billy Downer SC removed as prosecutor in his arms deal corruption case.
In March, Chili ruled that Zuma had not made a case for Downer’s removal on allegations he would not get a fair trial and said he would furnish his reasons for this in his judgment at the end of the trial.
This application was separate from a previous attempt to have Downer removed, which relied on section 106 of the Criminal Procedure Act.
The Daily Maverick reports that Chili dismissed the request at the time and said he would only provide reasons at the end of the trial.
Yesterday’s ruling came after Zuma’s lawyer, Advocate Dali Mpofu SC, made an impassioned plea for the court not to finalise the trial dates until Zuma had exhausted all his appeals.
The reasons will be given on 11 September 2024.
Business Day reports that it is likely that Zuma’s legal team will then ask for a further adjournment to consider whether to apply for leave to appeal, but given the history of the matter that seems an inevitability.
Then, as Mpofu said, he will have the right to appeal ‘to the next court and the next one’.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
