Judge Chili dismisses Zuma’s recusal bid against Downer

Judge Nkosinathi Chili says all the grounds advanced by former President Jacob Zuma for the recusal of advocate Billy Downer have already been dealt with and dismissed by other courts.

Judge Chili says he could find no grounds for the argument that Zuma’s right to a fair trial would be violated if Downer remains on the prosecution team. 

Chili was providing reasons for his dismissal of Zuma’s application to have Downer removed.

Zuma had argued that Downer had to be removed as he had privately prosecuted Downer for bias.

Judge Chili says all of Zuma’s attempts to have Downer removed have been unsuccessful.

He adds that the Supreme Court of Appeal had made a factual finding that Zuma’s attempts to have Downer removed was an abuse of process.

Zuma’s defence lawyers have already indicated that they will appeal Judge Chili’s ruling.

Meanwhile, legal expert Lwazi Gwacela says Zuma’s notice for leave to appeal indicates that his legal team has requested that the matter be heard by a full bench of the Pietermaritzburg High Court.

Zuma is in the dock with French arms company Thales on charges that include fraud and corruption in connection with South Africa’s arms deal in the 1990s.

Gwacela says an appeal will automatically bring pre-trial proceedings to a halt.

“What the actual reasons will be is very difficult to actually underpin what the judge may have thought, what was happening in his mind when he was making that ruling. We do however, expect that he will furnish us those reasons – in full or in summary.”

“We do understand that in terms of that notice of appeal – I’ve had a glimpse of it – some parts of it is curtailed on the premise that the reasons will be filed,” adds Gwacela.

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