Yesterday former president Jacob Zuma sought to appeal Justice Piet Koen’s 26 October 2021 ruling that dismissed Zuma’s special plea, brought under Section 106(1)(h) of the Criminal Procedure Act (CPA).
Zuma applied to have the state’s lead prosecutor Billy Downer removed from the case on the grounds that he had ‘no title’ to prosecute, and asserted that if he were successful, he would be entitled to an immediate acquittal.
Zuma has alleged that Downer leaked information about the case to the media, from June 2008 to August 2021.
The State’s heads of argument filed with the Pietermaritzburg High Court last week state: ‘The fact that the first accused (Zuma) has laid a criminal charge against Mr Downer is not a fact which could reasonably lead to a different verdict or sentence in the first accused’s criminal trial, or for that matter to a different outcome in relation to his special plea. The fact of the laying of that charge is irrelevant to both.’
The State also contends that Zuma has no right to seek leave to appeal unless he has been convicted and sentenced, maintaining that the Criminal Procedure Act ‘makes no provision for an application for leave to appeal by an accused, prior to their conviction and sentencing, against the dismissal of a plea in terms of section 106(1)(h) [of the CPA]’.
Zuma hoped to present “further evidence”, namely his recently opened criminal charge against Downer, into the court record, claiming he has the legal right to do so.
Zuma’s legal team wants the SCA to deliberate on alleged irregular procedures identified during Zuma’s special plea application. The State maintains that there is “no reasonable prospect of a finding by the SCA that a mistake of law was made”.