Judge gives reasons for dismissing Zuma’s bid to remove Downer
Pietermaritzburg High Court Judge Nkosinathi Chili on Wednesday gave his reasons for dashing Jacob Zuma's second attempt to remove the lead prosecutor in his corruption case.
The former president’s counsel asked for the reasons in August, ahead of an application for leave to appeal the dismissal, which was delivered in March.
The matter was initially set down for a pre-trial conference.
However, the former president's legal representative, Advocate Dali Mpofu, argued that trial dates in the arms deal matter cannot be set until the appeals are dealt with.
On Wednesday in court, Chili addressed several pillars of his reasoning, including the outcomes of Zuma's private prosecution of Downer.
READ: Zuma’s corruption case returns to PMB court
"It was argued that if Mr Downer were to prosecute Mr Zuma today and then be prosecuted by Mr Zuma the next day, the society would make a mockery of our justice system.
"If that was the position, then I would have not hesitated to grant an order removing Mr Downer as a public prosecutor. There is no private prosecution. All attempts by Mr Zuma to prosecute Mr Down have been unsuccessful."
Chili also spoke about allegations that Downer leaked medical records to News24 journalist Karyn Maughan.
"It is important to note that every attempt to overturn the judgment has been unsuccessful. Findings made in the removal and private prosecution judgment are binding on this court. The alleged leaking of information to Mr Sam Sole - this issue pertaining to the conversation between Mr Downer and Mr Sole has been dealt with several times at various litigation stages."
Find us on social media
Follow the ECR Newswatch WhatsApp channel here
