On Thursday, former president Jacob Zuma’s legal team presented arguments in court, questioning the suitability of advocate Billy Downer as the lead prosecutor in Zuma’s corruption case.
Advocate Dali Mpofu, speaking on behalf of Zuma, raised concerns about Downer’s alleged past conduct and his role in privately prosecuting Zuma.
Mpofu highlighted an incident where Downer was accused of leaking Zuma’s medical records to the media, suggesting that it was an attempt to embarrass the former head of state.
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He argued that this behavior showed that Downer’s interest in prosecuting Zuma went beyond his professional obligations.
Furthermore, Mpofu referenced a previous case in 2009 when charges against Zuma were withdrawn due to alleged interference.
Downer, according to Mpofu, expressed his disagreement with the decision and felt that the prosecution should have continued. This, Mpofu argued, further demonstrated Downer’s personal investment in the case.
The main concern raised by Zuma’s legal team is the potential conflict of interest if Downer continues as the prosecutor while also being the target of Zuma’s private prosecution. Mpofu argued that this situation could turn the trial into a fight, compromising the basic rules of a fair trial.
The court had previously set aside the private prosecution, and the Supreme Court of Appeal recently upheld this decision. However, Mpofu informed the court that they intended to approach the Constitutional Court to have the ruling overturned.
He emphasized the importance of ensuring that the justice system functions properly and that an accused individual receives a fair trial.
Mpofu questioned whether it was reasonable to expect someone to switch roles from prosecutor to accused and back again, suggesting that this could undermine the administration of justice.
Advocate Geoff Budlender, representing the National Prosecuting Authority (NPA), countered Zuma’s legal team’s arguments by stating that these points had already been addressed and ruled upon by other courts.
The court will now have to consider the arguments presented by both sides and make a decision regarding Downer’s continued involvement in Zuma’s corruption case.
