Issues Zuma raised in latest bid against Downer already 'sufficiently dealt with' - Judge Chili

JOHANNESBURG - Judge Nkosinathi Chili says the issues former president Jacob Zuma raised in his latest bid to remove state advocate Billy Downer from the arms deal case, were already “sufficiently dealt with” in previous litigation.

After his failed special plea challenging Downer’s title to prosecute, Zuma brought an application for his recusal, which Chili dismissed in March this year.

The judge did not provide reasons for his decision at the time and said he would incorporate them into his main judgment.

Zuma wants to appeal his ruling, and so, in August he brought an application requesting the reasons now, which Chili subsequently granted.

In his failed special plea, Zuma alleged bias on the part of Downer and that he had unlawfully leaked the former president’s confidential medical information to the press, in violation of the National Prosecuting Authority (NPA) Act.

READ: Zuma's bid to remove Downer from arms deal case will end up in ConCourt - legal expert

His latest application was grounded largely in the same arguments. 

In handing down his reasons for dismissing this latest application on Wednesday, Chili highlighted that “as things stand there is no private prosecution” and that the courts have found Zuma’s case against Downer to be an abuse of process.

He also said Judge Piet Koen, who was presiding over the case previously had already “thoroughly canvassed” the leaking allegations when he ruled on the special plea and found they were without merit.

Ultimately, Chili found there was merit in the submission that the grounds relied on by Zuma had already been dealt with, and that he was unable to conclude that the former president’s fair trial rights would be violated if Downer stayed on the case, which is what Zuma had argued.