Read the full judgment on Saflii [1] The first accused, Mr Jacob Gedleyihlekisa Zuma (Mr Zuma), and the second accused, Thales South Africa (Pty) Ltd (Thales), face various charges, as set out in the indictment.[1] They have both pleaded not guilty to all the charges. In addition, Mr Zuma raised a plea in terms of s 106(1)(h) of the Criminal Procedure Act 51 of 1977 (the CPA) (‘the special plea’). In the special plea he contends that the lead prosecutor of the prosecuting team representing the State, Mr William John Downer SC (Mr Downer), ‘has no title to prosecute’ as contemplated in s 106(1)(h), and ‘should be removed as the prosecutor in this case.’[2] He further demands that in the event of it being found that Mr Downer lacks title to prosecute, that he (Mr Zuma) be acquitted of all the charges in terms of section 106(4) of the CPA.
Zuma’s request for the hearing is contained in his latest affidavit, filed with the same court on Wednesday, as his legal team and the State gear up to argue for and against the removal of Downer in July.
“I am advised that in that evidentiary hearing, I am entitled to cross-examine Mr Downer or any NPA official on the criminal conduct or prosecutorial violations on which I contend Downer lacks the necessary title to prosecute. I am advised… I would be entitled to place evidence on which I contend that my fair trial rights and related constitutional rights have been violated by acts of prosecutorial misconduct,” says Zuma in his 84-page replying affidavit to Downer and the National Prosecuting Authority (NPA).
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Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020) [2021] ZAKZPHC 1
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Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020) [2021] ZAKZPHC 1
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Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020) [2021] ZAKZPHC 1