Staff Reporter
The Supreme Court of Appeal (SCA) has dismissed, with costs, former president Jacob Zuma’s latest attempt to have charges against him in the long-standing arms deal case dropped.
Zuma, through his legal team, approached the SCA after failing to convince the KwaZulu-Natal High Court in Pietermaritzburg to have the lead prosecutor in the corruption case, Advocate Billy Downer, removed from the trial, claiming he had “no title to prosecute”.
If successful, Zuma sought to immediately apply for acquittal in the matter.
But in a letter dated March 30, 2022, the SCA registrar said the matter has no prospects for success and was therefore dismissed.
“Having considered the notice of motion and the other documents filed, it is ordered that the application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard,” read part of the letter.
According to court papers, Zuma wanted to tell the SCA that Downer lacks “independence and impartiality” and that his impending trial had already been tainted by political and unlawful meddling, specifically involving the National Prosecuting Authority and, by extension, Downer.
Zuma claimed that Downer would therefore be unable to conduct a “lawful prosecution” that will uphold Zuma’s constitutional rights to a fair trial.
It is believed that between 1995 and 2004, the former president received 791 payments amounting to R4.1-million from his former financial adviser Schabir Shaik and his companies.
According to the state, the payments were meant to help French arms company Thales – which is accused number two in the matter – secure lucrative defence contracts from the government as part of South Africa’s armaments deal.
Zuma, who was first indicted on June 20, 2005, is facing a count of racketeering, another count of money laundering as well as two counts of corruption and 12 counts of fraud.
Thales is facing one count of racketeering, two counts of corruption and one count of money laundering.
Downer was part of the prosecution team that secured Shaik’s conviction in 2005.
Shaik was however released four years later in March 2009 on medical parole.
Zuma’s criminal trial is set to start on April 11 at the High Court in Pietermaritzburg before Justice Piet Koen.