PMB court hears Zuma 'can’t apply for leave to appeal'

PMB court hears Zuma 'can’t apply for leave to appeal'

The Pietermaritzburg High Court has heard former president, Jacob Zuma has no right to apply for leave to appeal to the Supreme Court of Appeal over the dismissal of the special plea application unless he has been convicted and sentenced in his corruption matter.

jacob zuma court 31 jan pmb
Nushera Soodyal

Zuma has tried to get lead prosecutor in his corruption matter, Advocate Billy Downer to recuse himself.


He's argued that Downer lacks impartiality and has accused him of leaking confidential information to reporters.


The allegations have been denied.


Zuma's special plea application was dismissed by Judge Piet Koen in October.


Advocate Andrew Breitenbach for the State.


"The first relates to the wording of section 360 (1) a, which deals with appeals from the High Court and specifically the SCA, it provides in paragraph a that we quote 'Any accused convicted of an offence by a High Court may apply for that court for leave to appeal against such conviction or against any resultant sentence or order’,” said advocate Andrew Breitenbach, for the State. 


READ: PMB court hears Zuma’s leave to appeal application

 

"Our second point is although Mr Zuma's special plea in terms of section 106 (1) h of that statute has been dismissed by this court, he has not been convicted of any offence by this court. On the contrary, in its judgment the court concluded by directing that the trial of the accused on the pleas of not guilty to the criminal charges prepared against him by the State must now proceed. 

 

"At the conclusion of that trail, Mr Zuma will either be acquitted or convicted."  


Zuma's lawyers earlier told the court allegations of misconduct against officials in the NPA, should have been tested.


Advocate Thabani Masuku for Zuma made reference to the affidavit of former Asset and Forfeiture Unit head, Willie Hofmeyr, which he submitted in defence of the NPA's 2009 decision not to continue with Zuma's prosecution. 


Listen below:  


Hofmeyr's claims were dismissed as speculative by a court.


A review application by the DA later succeeded in getting the corruption charges again Zuma reinstated.

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