Zuma’s arms deal corruption case back in court for pre-trial hearing

Former President Jacob Zuma is expected to appear in the Pietermaritzburg High Court today for a pre-trial hearing in the arms deal corruption trial. At the last hearing in May this year, the long-delayed matter was edging closer to trial after KwaZulu-Natal judge president, Thoba Poyo-Dlwati, set down six weeks for the trial to be heard between April and September next year.

Zuma faces corruption, fraud, and racketeering charges for allegedly taking bribes from French arms-manufacturer Thales, the second accused in the matter.

This hearing follows the dismissal by Judge Nkosinathi Chili on March 20th this year, of Zuma’s application for advocate Billy Downer to be removed as lead prosecutor from his trial, for alleged bias.

Chili ruled that he wasn’t persuaded that Zuma would not receive a fair trial if Downer was retained as prosecutor and reserved reasons for his decision until after the trial.

This was the second such application by Zuma, after Judge Piet Koen, who recused himself, dismissed Zuma’s earlier special plea in 2021, which asked for Downer’s removal on the basis of Downer lacking title to prosecute.

Zuma has already indicated that he was appealing Judge Chili’s decision and also requested written reasons from the court.

Zuma’s lawyer Mondli Thusini says, “So, procedurally the application for leave to appeal should be heard first. And then we should go to the pre-trial, and then we go to trial. You would also have heard in court that the pre-trial has been set down for the 29th of August. I’m of the view that on that day we can discuss the issues with the application with leave to appeal, and then judge will give us his ruling on that, and then we will go on to pre-trial, if it comes to that.”

The NPA has argued that this was not cause for delay as Zuma had no prospects of success.

NPA spokesperson, Advocate Mthunzi Mhaga says, “We are hoping that there will not be a delay. It will not be a hurdle that we have to navigate. Because that matter has already been pronounced by the highest court in the land, the Constitutional Court. So, there’s no way that they can succeed in the leave to appeal against Judge Chili’s judgement where he refused, or he dismissed the application for Mr Downer to recuse himself.”

In its argument against Zuma’s appeal of Judge Chili’s ruling, the state is expected to argue that Zuma has been unsuccessful in each of his applications under his so-called Stalingrad strategy, since the reinstitution of the prosecution. This the state says is an abuse of court as confirmed by the High Court, Supreme Court of Appeal and the Constitutional Court judgments.

In the meantime, Zuma’s launch of a private prosecution against Downer was struck down by the high court and he was denied leave to appeal by the Supreme Court of Appeal and the Constitutional Court.