Supreme Court of Appeal clears the way for Billy Downer vs Jacob Zuma

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The former president will face the prosecutor when he stands trial in the Pietermaritzburg high court in August

Former president Jacob Zuma will have to face prosecutor Billy Downer when he stands trial in the Pietermaritzburg high court in August.

National Prosecuting Authority spokesperson Mthunzi Mhaga said the NPA welcomed the Supreme Court of Appeal decision to dismiss Zuma’s application.Zuma turned to the SCA after the Pietermaritzburg high court dismissed a special plea raised in which he contended Downer “has no title to prosecute” and “should be removed as the prosecutor in this case”. The court heard Zuma believed his right to a fair trial would be jeopardised as Downer was not impartial.

This was an example that Downer was driven by a political motive and was not impartial, said Zuma’s counsel, advocate Dali Mpofu. In 2007, Zuma’s then-advocate, Kemp J Kemp, told the Durban high court: “We have adopted a Stalingrad strategy in response to this prosecution. We will fight [the state] in every street, in every house, and in every room.”

 

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