‘I am demanding an acquittal’: Zuma ups the ante in bid to torpedo trial

Former president Jacob Zuma says if lead prosecutor Billy Downer is allowed to conduct the fraud and corruption trial against him “it will erode the constitutional and moral authority” of the National Prosecuting Authority (NPA) to perform its duties as prescribed by law.

In a final affidavit filed in the Pietermaritzburg high court on Thursday, Zuma has widened his bid to have Downer removed in terms of a “special plea” and says he will be asking the court to find that any person who was part of the prosecuting team at any stage is “equally disqualified”.

Further, he says, he will ask the court to rule that: “No person who is mandated by the NPA and the NPA itself is qualified to conduct the prosecution,” making particular reference to senior counsels Wim Trengove and Andrew Breitenbach, private advocates on Downer’s team, “who are both heavily implicated in the wrongdoing”.

And he says he wants the court to hold an evidential inquiry to determine whether evidence of political and intelligence meddling has undermined the state’s duty to conduct a fair and impartial hearing.

I am demanding an acquittal on the basis that the state has lost the constitutional legitimacy to present evidence against me in accordance with fair trial principles.

—  Jacob Zuma

He says that will focus on “admitted acts of prosecutorial abuses” to understand “why the NPA has acted in such a despicable manner”.

Zuma raised the special plea when he pleaded not guilty to charges of receiving more than R4m in bribes and benefits from French arms company Thales in return for protection from any potential investigation into the arms deal.

Over the years, various directors of public prosecutions have made varying decisions regarding whether he should be charged.

That, he said, was proof of political meddling. 

Downer was involved in the prosecution from the start, and in Zuma’s plea he said Downer should not be entitled to prosecute him.

Downer has opposed the application, saying even if the court were to uphold it, the case would continue under the direction of his colleagues. 

He said Zuma was trying to “relitigate” a failed attempt at permanent stay of prosecution.

Zuma, in his latest affidavit, denies this and says his application is perfectly permissible and a lawful challenge against “criminal acts and prosecutorial misconduct”.

“The constitution and the NPA Act require that the prosecutor must possess the requisite qualities of independence, impartiality and integrity. The special plea allows a challenge to this.

“I am demanding an acquittal on the basis that the state has lost the constitutional legitimacy to present evidence against me in accordance with fair trial principles.”

Among his allegations are that Downer “groomed” journalist Sam Sole and was aware of the political meddling and role of foreign intelligence agencies in his prosecution.

He had also supported a court application – “a lynching attack” – by the DA, challenging a decision not to prosecute him.

“He [Downer] has never explained why the termination of a decision to prosecute me reduced him to tears. 

“I can bet his tears were based on his immediate appreciation of the gravity of the findings for a legitimate prosecution. I can also bet it had everything to do with his legacy project going up in flames. 

“When he wept, it wasn’t because the constitution and NPA Act had been violated, but because he was emotionally engaged in my prosecution for political reasons.”

Argument is expected to heard on July 19.