Former President Jacob Zuma appeared in the Pietermaritzburg High Court on Thursday to face charges related to the disputed arms deal.
Zuma’s counsel, Dali Mpofu SC, asked the court to explain why he had lost his bid to have state prosecutor Billy Downer recused.
Zuma’s bid to dismiss state attorney Billy Downer as prosecutor in his weapons deal corruption prosecution was denied in March of this year by the Pietermaritzburg High Court.
Judge Nkosinathi Chili ruled that Zuma’s arguments for removing Downer as prosecutor in the case were insufficient to persuade him.
He stated that he would disclose reasons later.
The question was whether Downer’s involvement in the trial violated Zuma’s right to a fair trial.
Mpofu cited numerous instances to argue that Zuma was entitled to those reasons so that he may appropriately appeal his decision.
He went on to say that if the NPA believed it was a stalling ploy, they should have appointed another prosecutor in the meanwhile.
“The state cannot have it both ways. They cannot want the trial and keep Mr Downer. Mr Downer’s recusal application is still alive.
“We are exactly in the same position, before the order was granted.”
Downer noted that this was the third time the case had been set down for pre-trial and urged the Judge to proceed.
The case has been temporarily adjourned so that Chili can rule.
