Zuma corruption trial adjourned pending fresh bid to recuse Billy Downer

Judge Piet Koen handed down the order at the Pietermaritzburg High Court on Monday afternoon after Zuma’s legal team called for proceedings to be halted pending a fresh appeal to have prosecutor Billy Downer recused from the case.

This after Zuma launched an application before the Supreme Court of Appeal on Friday in a bid to have the court reconsider an earlier judgment on Downer’s recusal.

While the politician’s lawyers wanted the high court to adjourn indefinitely pending the outcome of the SCA’s reconsideration application, Koen ruled it needn’t be indefinite.

“With due difference to the procurers and jurisdiction of the Supreme Court of Appeal it means that the procedure is suspended and that the trial cannot be proceed and should today be adjourned. That follows as a matter of law.

“It does not seem to me that this court has much of a discretion, if it has one at all to deny those appeal rights statutorily ordained, unless perhaps in the clearest of cases where there is an abuse of rights. The appeal process should be allowed to run its course,” Koen said.

Koen set 17 May as the holding trial date.

“To the extent that it will resulting a delay, it would be a delay that would not be unreasonable but unavoidable.

“Criminal trials are not generally adjourned sine die [indefinitely].There is no compelling reason why the current trial should be adjourned sine die, it is well overdue. 

“As much as the interests of justice demand that Mr Zuma’s reconsideration application should be allowed to be disposed of, there is also the interests of justice that demand that litigation must reach finality,” Koen added.

The holding trial date may be revisited if the SCA has not decided on the reconsideration application by then.

Zuma, who turns 80 on Tuesday, is accused of taking bribes from French defence giant Thales.

He faces 16 counts of fraud, graft and racketeering over the purchase of fighter jets, patrol boats and equipment from five European arms firms.

Zuma was absent from Monday’s proceedings, citing ill health.

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