PMB court hears Zuma’s leave to appeal application

The former president wants the recusal of lead prosecutor, Advocate Billy Downer, saying he cannot be impartial.

Zuma had also accused Downer of leaking confidential information to journalists, among other claims.

The State has denied the allegations.

Judge Piet Koen dismissed the special plea application and set the corruption matter down for trial in April this year. 

Advocate Dali Mpofu, for Zuma, says the procedure adopted in leave to appeal application was irregular and out of the ordinary.

It refers to a directive from Judge Koen after the filing of the notice of leave to appeal, that the State would be entitled to file an answering affidavit.

"In my experience, I have never seen anything like that. There are maybe 12 or more lawyers here, probably their experience is more than 300 years and maybe some of them have seen it but speaking for myself, I have never seen it. 

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"The applicant, former president Zuma, is of the strong view that at some stage this issue has to be addressed of his cases being treated differently from other cases. This issue really arises because what he wants is very simple, and the logic is going to have to allay his fears" 

Judge Koen responded, saying: "The intention was never for affidavits to be filed and the application for leave to appeal. The alleged irregularity that is referred to is taken from one letter. 

"It is not construed in the context of all the letters that were exchanged since the time, when the application for leave to appeal was initially launched and properly construed, on their context is abundantly clear that an answering affidavit can only be filed in response to a founding affidavit. 

"The only founding affidavit was the one that supported the application in terms of Section 316 (5) for the further evidence, which was subjoined.”