South Africa

Pietermaritzburg

Day One: Jacob Zuma seeks to get prosecutor Billy Downer removed from graft trial

Day One: Jacob Zuma seeks to get prosecutor Billy Downer removed from graft trial
Former South African President Jacob Zuma speaks with his legal representative at the High Court in Pietermaritzburg on May 17, 2021, for the first day of his corruption, fraud, money laundering, racketeering and tax evasion trial. Photo: SANDILE NDLOVU

Court proceedings at the kick-off of Jacob Zuma’s corruption trial were swift and clinical on Monday, with a postponement to May 26. Ace Magashule, Carl Niehaus, Bongani Bongo, Tony Yengeni and former North West premier Supra Mahumapelo were among his  VIP supporters who crunched into the courtroom ‘A’ gallery.

The Pietermaritzburg high court heard on Monday that former president Jacob Zuma would be making an application for veteran prosecutor Billy Downer to be removed from his graft trial, almost 20 years in the making. 

The start of proceedings was delayed for over an hour as legal teams met in the chambers of Judge Piet Koen to deliberate on an appropriate date for postponement, with 26 May being said to be to the satisfaction of all involved. 

When proceedings finally started, Downer confirmed with the court that Thabani Masuku SC, Zuma’s advocate, had notified him last week of the application. 

Stand accused former president Jacob Zuma at the dock facing corruption, fraud, money laundering, racketeering and tax evasion at Pietermaritzburg High Court. Photo: SANDILE NDLOVU/Pool

“Mr Masuku informed me last week that they intended bringing an application for me as lead prosecutor to be recused. We were promised those papers today. I haven’t seen them yet,” said Downer. 

The court heard the application to have Downer removed contains affidavits and “other evidence”. 

Technically, this is not an application for a “recusal” but rather a special plea that Downer has no title to prosecute. 

Masuku officially informed the court on Monday that he, along with attorney Mondli Thusini and advocate Benny Buthelezi, would be representing Zuma. 

The replacement of the former legal team would not cause any delay in proceedings, said Masuku. “Mr Zuma is ready to proceed with trial” and had always been ready, he said. 

But the Section 106.1(h) application in terms of the Criminal Procedures Act demanding Downer’s withdrawal has effectively bought the defence at the very least 10 days. By next week they will have to file papers relating to the withdrawal. The state will have to respond, and Koen will have to make a decision after hearing both sides.

Former North West Premier Supra Mahumapelo arriving in court. Photo: Doctor Ngcobo/African News Agency(ANA)/POOL

This is not unprecedented and is not the first time Zuma has raised the issue of Downer’s prosecutorial fitness for the case (he has previously accused the veteran prosecutor of being hell-bent on prosecuting him, even if there is evidence of his innocence), although those attempts have been abandoned. Once Koen has heard the arguments, he will have to make a decision on the merits of the application, and if his decision goes against Zuma, the former president will have to enter a plea of guilty or not guilty. 

This will all eat into trial time, which was set down on the court calendar until June 20. 

Suspended ANC Secretary-General Ace Magashule in court to offer his support to former president Jacob Zuma. Photo: Doctor Ngcobo/African News Agency(ana)POOL

Court proceedings on Monday were swift, clinical, and a far cry from the spectacle taking place outside the courthouse just hours prior, with journalists arriving from about 6am, and a little later providing breathless speculation via live coverage from outside the dour building.  

There were no surprises as Zuma’s VIP supporters strode into the court precinct, some cajoling the media, others sidestepping questions about their own fate within the organisation with the grace of alarmed elephants. 

It was only ANC KZN secretary Mdumiseni Ntuli who even attempted to make sense of the spectacle, telling the media that the leaders of the provincial ANC were at court to protect the reputation of the ANC. 

Tony Yengeni with Sihle Zikalala in court. Photo: Doctor Ngcobo/African News Agency(ANA)/POOL

He said that at previous appearances, some had taken to the stage after proceedings to push their own agendas, which was damaging to the governing party. “We also believe in innocent until proven guilty,” he said. 

Ntuli was later booed by a handful of Zuma supporters outside the courthouse due to the provincial ANC’s alleged lack of support for the former president, who remains popular in KZN. 

The VIP supporters later crunched into the courtroom “A” gallery. Among them were suspended ANC secretary-general Ace Magashule, ANC KZN chairman and premier Sihle Zikalala, eThekwini mayor Mxolisi Kaunda, ardent Zuma supporter and RET champion bishop Vusi Dube, MKMVA spokesperson Carl Niehaus, Bongani Bongo, Tony Yengeni, Zuma’s son Duduzane and former North West premier Supra Mahumapelo. 

Former president Jacob Zuma’s supporters outside Pietermaritzburg High Court. Photo: SANDILE NDLOVU/POOL

Zuma is accused of receiving 791 payments, totalling R4.1-million, between 1995 and 2004 from his former financial advisor/economic advisor Schabir Shaik and Shaik’s companies, to help French arms manufacturer Thales, accused number two, secure lucrative defence contracts from the government as part of the country’s multi-billion rand 1999 armaments deal. 

See earlier report here: Accused number one:  Zuma’s day in court arrives … but don’t hold your breath

Public Works and Infrastructure Minister Patricia de Lille was due to give evidence during former president Jacob Zuma’s corruption, fraud, money laundering, racketeering and tax evasion trial on Monday. De Lille, is the first whistleblower on the multi-billion rand arms deal which she reported almost 22 years ago. Photo: SANDILE NDLOVU

Downer was part of the original prosecuting team that secured the conviction of Shaik on fraud and corruption charges in 2005. 

Zuma is facing one count of racketeering; two counts of corruption, one count of money laundering and 12 counts of fraud. 

Thales is facing one count of racketeering; two counts of corruption and one count of money laundering. 

Masuku told the court that Zuma intends to plead not guilty to the charges. DM

Former president Jacob Zuma’s supporters outside Pietermaritzburg High Court. Photo: SANDILE NDLOVU/POOL

Gallery

Comments - Please in order to comment.

  • MIKE WEBB says:

    When one walks the plank, even if one shuffles, one gets to the end. Then one falls off and drowns for sure.

    • Fanie Rajesh Ngabiso says:

      …as Zuma’s legal team prepares their defense that the plank is hell bent on being shorter than he’d like.

  • Desmond McLeod says:

    “he has previously accused the veteran prosecutor of being hell-bent on prosecuting him” please excuse my ignorance, I always believed this is what prosecutors are employed to do!!

  • Peter Dexter says:

    What a collection of Rogues in one building?

    • Rainer Thiel says:

      Ace, Sihle, Vusi, Carl, Bongani, Tony, Duduzane, Supra, etc… a veritable collection of hapless twits. A pox on them all!

  • John Bestwick says:

    Since when are a bunch of criminal scumbags accorded VIP status??Mr.Erasmus please describe them for what they are.

  • Ann Bown says:

    Did I miss something from 22 years ago? …It seems that deLille (the erstwhile Whistleblower) has changed her stance re Zuma’s involvement in the Arms Deal stating he will final have his day in court to prove his side of the story. Hummmm

  • Sydney Kaye says:

    I see the hooligans are all wearing the chin mask. Somebody told them people breath through their chins.

  • Hermann Funk says:

    “Mr Zuma is ready to proceed with trial” and had always been ready, he said. What a load of trash.

  • James Grinyer says:

    It is disturbing that all his senior ANC supporters are people accused or charged or in fact previously convicted of horrendous crimes against the State which has led to the impoverishment of the poor people if SA. When will the ordinary person realize that these people do not deserve any support.

  • Alan Paterson says:

    So the leaders of the provincial ANC were at court to protect the reputation of the ANC? Is there any reputation at all left to protect?

  • Alley Cat says:

    “VIP supporters who crunched into the courtroom ‘A’ gallery”? Must be a typo Des? I’m sure you meant “Allegedly) guilty supporters, with nothing left to lose skulked into the courtroom ‘ROGUE gallery”?

  • Ian Wallace Wallace says:

    Shocking never saw that coming, A Zuma trial delayed well that’s certainly something I need to spend 10 minutes of my time reading about.

Please peer review 3 community comments before your comment can be posted

X

This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.


Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

A South African Hero: You

There’s a 99.7% chance that this isn’t for you. Only 0.3% of our readers have responded to this call for action.

Those 0.3% of our readers are our hidden heroes, who are fuelling our work and impacting the lives of every South African in doing so. They’re the people who contribute to keep Daily Maverick free for all, including you.

The equation is quite simple: the more members we have, the more reporting and investigations we can do, and the greater the impact on the country.

Be part of that 0.3%. Be a Maverick. Be a Maverick Insider.

Support Daily Maverick→
Payment options

MavericKids vol 3

How can a child learn to read if they don't have a book?

81% of South African children aged 10 can't read for meaning. You can help by pre-ordering a copy of MavericKids.

For every copy sold we will donate a copy to Gift of The Givers for children in need of reading support.