President Jacob Zuma
By Nkosana Khumalo
In a significant development in South Africa’s long-standing arms deal corruption case, the Pietermaritzburg High Court has once again dismissed former President Jacob Zuma’s application to remove lead prosecutor Advocate Billy Downer from his trial. Judge Nkosinathi Chili ruled that there are no reasonable prospects that another court would come to a different conclusion, effectively denying Zuma leave to appeal the previous decision. 
Background of the Case
Jacob Zuma, South Africa’s former president, faces multiple charges, including fraud, corruption, money laundering, and racketeering, related to a multibillion-rand arms deal from the late 1990s. The case, which has been in the legal system for over two decades, also involves French arms company Thales as a co-accused.  
Zuma’s legal team has made several attempts to have Advocate Downer removed from the case, alleging bias and misconduct. These efforts have included claims that Downer leaked confidential medical information to the media and that his continued involvement would prejudice Zuma’s right to a fair trial. 
Judge Chili’s Ruling
In his judgment, Judge Chili emphasized that the arguments presented by Zuma’s legal team had been previously addressed and dismissed by various courts, including the Supreme Court of Appeal (SCA). He stated that Zuma’s application lacked new evidence or compelling reasons to warrant a different outcome.
“As things stand, there is no private prosecution. All his attempts have been unsuccessful,” Judge Chili noted, referring to Zuma’s failed private prosecution against Downer. He further highlighted that the repeated applications to remove Downer appeared to be part of a strategy to delay the trial. 
Response from Zuma’s Legal Team
Following the ruling, Zuma’s advocate, Dali Mpofu, indicated that they would petition the Supreme Court of Appeal directly to challenge Judge Chili’s decision. Mpofu argued that Downer’s role as a potential witness in the trial, due to the alleged leak of medical records, creates a conflict of interest that compromises the fairness of the proceedings.
Despite these assertions, the court maintained that the issues raised had been thoroughly examined and found to lack merit in previous judgments. 
Thales’ Application for Acquittal
On the same day, the court also heard arguments from Thales, the French arms company co-accused in the case. Thales applied for an acquittal, citing unreasonable delays in the trial and the death of two key witnesses essential to their defense. They argued that these factors have severely prejudiced their ability to receive a fair trial.  
Zuma has filed a conditional application for his own acquittal should Thales’ application be successful. The state opposes both applications, asserting that the delays have been largely due to the defense’s repeated legal challenges.  
Implications for the Trial
The repeated attempts to remove Advocate Downer and the new applications for acquittal have further delayed the commencement of the trial. Originally set to begin in April 2025, the trial has faced numerous postponements, with 16 delays recorded since Thales’ indictment in 2018. 
Legal experts suggest that these developments may push the trial’s start date further, as appeals and additional legal proceedings unfold. The court has reserved dates for the trial to proceed this year, but the likelihood of it commencing as scheduled remains uncertain.
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