Judge Piet Koen is on Tuesday expected to hand down his ruling in the High Court in Pietermaritzburg, in former President Jacob Zuma’s application for the recusal of state prosecutor, Advocate Billy Downer.
The application is part of the special plea Zuma entered into in the corruption case against him.
Zuma and French arms company Thales are facing charges of corruption, racketeering and money laundering in connection with South Africa’s multi-billion-rand arms deal in 1999.
Zuma’s legal team has argued that Downer is biased against Zuma.
The defence has argued that state prosecutor, Advocate Billy Downer has become so invested in prosecuting former President Jacob Zuma over the past 20 years, that he is no longer dispassionate – a characteristic that is said to be required of a prosecutor.
Defence Advocate Dali Mpofu has told the court there are 12 instances where Downer acted improperly and in which the National Prosecuting Authority (NPA) was party to political meddling in the case.
Acting for the State, Advocate Wim Trengove has denied the allegations of impropriety, saying that Downer has over the years stood up for justice and truth in this case.
The latest news of a formal charge against Downer comes ahead of what is expected to be a judgment on the former President’s special plea calling for Downer’s recusal.
The charge is said to be linked to Zuma’s claim that Advocate Downer leaked information about his current state of health to the media.
Zuma’s legal team alleged that a media house then made enquiries based on the contents of the medical report.
Besides Downer’s removal, Zuma also asked the court to be acquitted.
No merit, says Law Professor
In May, Associate Professor of Law at North West University, Tumi Mmusinyane, said there is no merit to Zuma’s application for Downer’s recusal.
In the video below, Mmusinyane said the case is likely to fall:
