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Judgment expected in Zuma's special plea leave to appeal application

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The High Court in Pietermaritzburg is on Wednesday expected to hand down its ruling in the application for leave to appeal the dismissal of former President Jacob Zuma’s special plea in his corruption case.
Zuma’s legal team filed an application for leave to appeal last month. This is after Judge Piet Koen dismissed Zuma’s application for the recusal of lead prosecutor Advocate Billy Downer.
Last month Zuma’s legal team argued in the application for leave to appeal that the former President will not get a fair trial if Downer is the one prosecuting his corruption trial.
Zuma is challenging Downer’s title to prosecute, saying that Downer is not fair and impartial. Representing Zuma, Advocate Dali Mpofu told the court that it would be unfair for the aging Zuma to wait until the end of his corruption trial, to raise an objection that he did not get a fair trial.
“Because it cannot be that he is told by this court that this matter must be dealt with here. And then when he comes here, he is told the matter is res judicata. That means there is no court in this world where he is able to raise this issue. He must be caught in this merry-go-round of judicial passing of the buck.”
Judgment is expected in former president Jacob Zuma’s application to have Advocate Billy Downer removed as a prosecutor in his corruption case: 

The application for leave to appeal was lodged after Judge Koen ruled that title to prosecute should be interpreted in the narrow sense of the law – meaning that a prosecutor has been properly appointed. The defence team, however, argued that it should also include behaviour that is impartial and fair.
Arguing for the state, Advocate Andrew Breitenbach told the court that a lot of the information submitted when Zuma laid a criminal charge against Downer in October last year, is simply a repeat of the special plea.
Zuma laid a charge against Downer for allegedly leaking a confidential document about his medical condition. Breitenbach has argued that the question about alleged bias on Downer’s part should be weighed up by the trial judge after hearing all the evidence in the corruption case.
“Mr. Zuma’s case in as far as getting a fair trial is concerning because of involvement of Mr. Downer. The proof will be in the file itself, evidence will be led. Once that is done this court will be in the possession to assessing that contention.”
Zuma and French arms dealer Thales are facing charges of corruption, fraud, money laundering, and racketeering in connection with South Africa’s 1999 Arms Deal.
The Jacob Zuma Foundation says the former President will not be in court when Judge Koen hands down his ruling.
During last month’s court appearance, only a few Zuma supporters gathered outside the court.

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