Zuma to sue ahead of start of trial today

A day before the start of former president Jacob Zuma’s corruption trial, his foundation announced his legal team will try to privately prosecute lead prosecutor Billy Downer.

“The instruction will now be put into operation in the next few days. (Former) president Zuma has decided that the only way to deal with Downer is through private prosecution, so wheels are being set in motion to see to it that a private prosecution happens,” Jacob Zuma Foundation spokesperson Mzwanele Manyi said at a media briefing in Sandton yesterday.

Manyi added Zuma’s legal team had also filed his reconsideration application at the Supreme Court of Appeal (SCA) in Bloemfontein. 

This after the SCA denied him leave to appeal the dismissal of his special plea.

“All (former) president Zuma really wants is his day in court, in a fair trial and certainly not in a forum which is being rigged by the State in the manner described above, and all the previous unfair and incorrect decisions which will hopefully be corrected by the higher courts.”

News24 previously reported Zuma’s lawyers had written to prosecutions boss Shamila Batohi to demand she remove Downer as the lead prosecutor in the corruption case.

Ntanga Nkuhlu Inc Attorneys complained the prosecutor “has steadfastly failed and/or refused to step down despite numerous requests and demands for him to do so”.

News24 also previously reported Zuma’s lawyers claimed Downer was guilty of “unauthorised dissemination” of confidential information about his medical condition because the National Prosecuting Authority’s (NPA) advocate, Andrew Breitenbach SC, agreed to a request from News24 to provide it with court papers filed by the defence and State.

The documents in question were filed as part of a previous successful attempt by Zuma to seek the postponement of the case against him on medical grounds. 

It included a letter from the former president’s military doctor.

Manyi said the NPA had been “dragging” its feet to investigate Downer and others for alleged breaches.

“We have witnessed a desperate frenzy of activity and panic from the NPA in its attempts to cleanse advocate Downer, by any means necessary, including adopting procedures and processes that should be frowned upon and found wanting by any fair justice system.” — News24.

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