‘Judge must provide Zuma with reasons for special plea dismissal’

The legal team of former president Jacob Zuma is arguing in the Pietermaritzburg High Court that he has a right that Judge Nkosinathi Chili provide his reasons at this stage, why Chili dismissed Zuma’s special plea.

Zuma requested in the special plea, that the lead prosecutor in his corruption case, Advocate Billy Downer, should recuse himself due to an alleged lack of impartiality.

Chili dismissed the special plea in March, however, stating that he would provide his reasons for this at the end of the criminal trial.

Zuma’s legal team maintains that they want to apply for leave to appeal this ruling.

Advocate Dali Mpofu says, “The right to appeal, which obviously includes the right to leave to appeal goes symbiotically together with the right top reasons. You can’t … An appeal against what? Right? … Right now, you are stifled. You can’t do anything because you want to venerate … Absolutely, My Lord. So, it is cold comfort, it will be an empty right to say you have a right to appeal, but we are going to withhold the reasons.”

Lead prosecutor, Downer as argued that Chili had already furnished reasons when he handed down his ruling in March .

He says, “Mr Zuma raised, in support of his second recusal application, the very same issues in this application for leave to appeal, which had already been decided by the courts as explained above. Your Lordship emphasized that having had regard to the submissions by counsel, the relevant case law, and most importantly the four pillars relied on by Mr Zuma, this court was not persuaded that Mr Zuma succeeded in establishing that the retention of me as the prosecutor in the matter would prejudice his right to a fair trial enshrined in section 35.3 of the constitution.”

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