‘Zuma has misgivings that the law is being applied differently where he is concerned’

Advocate Dali Mpofu has argued in the High Court in Pietermaritzburg that former President Jacob Zuma has misgivings that the law is being applied differently where he is concerned.

Mpofu says that it may be a perception, but it must be addressed.

Zuma is applying for leave to appeal Judge Piet Koen’s dismissal of his special plea, that state prosecutor, Advocate Billy Downer, has no title to prosecute his corruption case.

Mpofu has referred to the Constitutional Court’s sentencing of Zuma to jail for contempt of court without a trial and Judge Koen asking for replying affidavits in the leave to appeal process.

Mpofu says, “We are told, you know I can’t even count the new paper articles and so called expert commentator who say that every time Mr Zuma is treated differently to other people. It is to say that we are all equal before the law. It cannot be that we show or say we are equal before the law by treating a particular individual differently from all the other people that is just wrong.”

In reply to Mpofu’s argument, Judge Piet Koen has explained that he asked the state and defence to file replying affidavits only in connection with the application of Zuma’s legal team to present a higher court with new evidence as part of the appeal process.

In its heads of arguments, Zuma’s legal team referred to Downer’s alleged criminal conduct that would make him unfit to try the corruption case.

Judge Koen explained why he asked for sworn affidavits.

He says, “Can I cut to the chase on that Mr Mpofu….the intention was never for the application to be filed for leave to appeal. The alleged irregularity is taken from one letter. It’s not construed in the context of all the letters since the time the application for leave to appeal was launched. It is clear that the answering affidavit can only be filed in response to a finding affidavit. The only founding affidavit is the one that supported the application in terms of section 3, 165 for the further evidence which was sub joint for the application for leave to appeal.”

In the video below is Zuma’s court bid:

Meanwhile, former North West Premier, Supra Mahumapelo says the court cases against Zuma have contributed to a decline in the African National Congress’s (ANC) support during last year’s municipal election.

He is among some ANC members who are at the Pietermaritzburg High Court to support Zuma.

Mahumapelo says some ANC supporters decided not to vote in protest.

He says, “There are people within the ANC and within the society who are very angry with the manner in which Zuma is being treated, particularly when he was arrested and put in jail before having a trial. When we were doing door to door working with the people so it is true that there are members and supporters who were not happy and said they were not going to vote others we were able to convince them to go and vote and he himself went out and said people must go and vote but there are some who did not heed that call.”