Zuma demands to cross-examine Downer and NPA

Former president Jacob Zuma has responded to state prosecutor Billy Downer in an affidavit on Wednesday, saying no court could trivialise constitutional rights and adopt an attitude of “the end justifies the means” when it comes to prosecutorial misconduct. Zuma is motivating for oral evidence in relation to his plea for Downer’s recusal in the arms deal corruption trial.

Former president Jacob Zuma has responded to state prosecutor advocate Billy Downer in an affidavit on Wednesday, saying no court could trivialise constitutional rights (such as the right to a fair trial) and adopt an attitude of “the end justifies the means” when it comes to prosecutorial misconduct.

Zuma’s submission was served on the National Prosecuting Authority (NPA) after 7pm on Wednesday in compliance with an order issued by judge Piet Koen in the high court in Pietermaritzburg in May. Zuma wants to put Downer on the spot and is motivating for oral evidence in relation to his plea for Downer’s recusal in the arms deal corruption trial.

Zuma insists Downer must face a grilling — in court and under oath — over his alleged complicity in the torrid history of stop-start prosecutions against the former president.

“Viewed in the context of equality provisions, it is mandatory for this court to examine the decisions not to prosecute me at the same time with Schabir Shaik and other strategic and tactical decisions made by the NPA, which had an impact on

my fair trial rights,” Zuma wrote.

Downer must be crossexamined over alleged criminal conduct, claims of the concealment of foreign intelligence interference in his trials, and a politically motivated affront, which Zuma argues is driven (in part) by the prosecuting authority, he told the high court.

His statement of 84 pages follows Downer’s voluminous argument opposing Zuma’s plea for his recusal, filed a week before. He recalled prior prosecution “marred by ethnic discrimination” and bigotry.

Zuma has insisted that the high court is constitutionally obliged to “deal firmly and thoroughly” with evidence from prior prosecutions. He has told the court that it is “obligated to subject to persecution the NPA’s [asserted] collaboration with foreign intelligence agencies such as the CIA (not law enforcement agents) in my prosecution”.

Among various grievances in his replying affidavit, Zuma takes issue with the NPA’s appointment of advocate Wim Trengove and another to assist the state in the recusal plea, arguing — among other things — that it offends transformation imperatives. He accuses Downer of “grooming” journalist Sam Sole, leaking information and failing to report criminal conduct on the part of colleagues.

During the last court appearance in May, Koen, in the high court in Pietermaritzburg, ordered parties to file various papers relating to Zuma’s eleventh-hour bid to have Downer pulled from the state’s team.

On May 26, the co-accused — Zuma and French arms company Thales — pleaded not guilty to charges including corruption, fraud, money laundering and racketeering after Downer read them from the charge sheet. Concluding the day’s proceedings, Koen announced that adjudication on Zuma’s special plea would be heard on July 19.