Former president Jacob Zuma’s request to appeal against an earlier ruling that Advocate Billy Downer SC had the title to prosecute him in a decade’s old graft matter flopped on Wednesday morning.
Judge Piet Koen dismissed Zuma’s leave to appeal against having Advocate Downer SC prosecute him, saying the reasons put forward were, “were frivolous, irrelevant, superfluous, and that no points of law for appeal were made or properly identified”.
The 79-year-old former president, who is on medical parole, insists Advocate Downer has it in for him and cites the leaking of his medical records to the media as proof of his bias.
However, Judge Koen said Zuma’s special plea has no reasonable prospect to succeed.
“Resorting to appeals prior to the finalisation of the trial results in delay, fragmentation of the process, and the determination of issues based on inadequate record,” said Judge Koen.
“There are no compelling considerations to the contrary requiring that an appeal be permitted now.”
The judge, however, said Zuma can still challenge the trial outcome at a later stage.
“That does not mean that Mr. Zuma can not ultimately appeal the dismissal of the special plea, only that he can not do so now,” said Judge Koen.
“The trial must first be completed.”
Zuma and French arms manufacturer Thales have been jointly charged with corruption in the 1999 multi-billion rand arms deal.
The on-off matter had been paused to allow for Zuma’s special plea appeal to be heard and concluded.
The corruption matter is now expected to begin on 11 April – a day before the former president turns 80.
