Advocate Dali Mpofu made a bold statement in the Pietermaritzburg High Court on Thursday, declaring that State Prosecutor Billy Downer would be called as a witness in Jacob Zuma’s arms deal trial. “We are going to call Mr. Downer as a witness. It’s not if, it’s not a threat, it’s a fact,” Mpofu firmly stated, underscoring the certainty of their intention. He further urged that the court might as well remove Downer from his role now, highlighting the inevitability of this move.
Zuma’s legal team has been challenging Downer’s role in the trial, with Mpofu emphasizing the need for a resolution sooner rather than later. He expressed frustration over the prolonged uncertainty, describing it as “madness” to let the trial continue without a clear answer to the question of Downer’s involvement. “To run the trial would be a waste of time and money,” he said, signaling the urgency of addressing the issue. Mpofu assured the court that this matter would not go unchallenged, reinforcing his position with the certainty that “as certain as the sun rises in the East and sets in the West, we are not going to leave this unchallenged.”
Zuma’s legal team has applied for leave to appeal the decision to keep Downer as the state prosecutor, arguing that his continued involvement could infringe upon Zuma’s right to a fair trial. The application centers on accusations from Zuma that Downer displayed prosecutorial bias, which he believes would prevent him from receiving a fair hearing. Zuma has also claimed that Downer was responsible for leaking his medical records to the media, which has fueled his doubts about the impartiality of the prosecution.
In March 2024, Zuma’s application to have Downer recused from the trial was rejected, but the defense is not backing down. Mpofu emphasized that a recusal request is not a common or light request, arguing that they were not trying to choose a prosecutor, only to ask for a fair one. “We are saying anyone else,” Mpofu stated, insisting that they could not proceed with a “compromised prosecutor.”
As the legal battle continues, Zuma’s defense team remains steadfast in their efforts to challenge Downer’s involvement in the case, signaling that this legal maneuver is far from over. The state’s opposition to the appeal further adds complexity to the already tense trial, as both sides prepare for a continued legal showdown.
