Arms Deal Case: Judge Koen Condisers Recusal in “Interest of Justice” Over Strong Feeling on Downer Saga

Arms Deal Case: Judge Koen Condisers Recusal in “Interest of Justice” Over Strong Feeling on Downer Saga

  • Judge Piet Koen may have had enough of Jacob Zuma and his constant delay tactics in the arms deal case
  • The judge is considering recusing himself from the trial on a matter of conscience and in the interest of justice
  • Judge Koen has given the parties involved in the trial till 3 November to file submissions on his recusal

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PIETERMARITZBURG - The judge overseeing Jacob Zuma's long-running arms dealing corruption case is considering bowing out of the trial.

Judge Piet Koen and Jacob Zuma
Judge Piet Koen is considering recusing himself from Jacob Zuma's arms deal-related corruption case. Image: @NalaThokozane/Twitter & Jerome Delay/Getty Images
Source: UGC

Judge Piet Koen asked parties involved in the case to file submissions on whether he should recuse himself from the trial on Wednesday, 19 October.

Koen stated that there was a need to rule on his role in the trial due to the latest developments in the case.

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The developments Koen was referring to include Zuma's private prosecution of state prosecutor Billy Downer. In addition to Koen's judgment against Zuma's special plea to have Downer removed from the arms deal trial. And finally, Zuma's application to the apex court for a leave to appeal against Koen's special plea judgment, Daily Maverick reported.

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All these actions on the part of Zuma and his legal team have been viewed as nothing more than delay tactics aimed at postponing the case indefinitely.

Koen added that the developments bring focus to issues such as whether the former president would have a fair trial, adding that Zuma's insistence on having Downer removed put Koen in a tricky situation as the judge had already expressed his view on the matter.

Koen admitted that adjudicating his role in the trial could lead to delays in an already protracted matter. But, Koen also pointed out that the trial would not proceed in November anyway, as the state prosecutor had hoped.

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According to TimeLIVE, Judge Koen has given parties until 3 November to file submissions on his possible recusal. Former president Jacob Zuma's fraud and corruption trial has been adjourned to 30 January 2023.

South Africans react to the possibility of Judge Koen's recusal

South Africans speculate that Judge Koen wants out of the never-ending trial.

Here are some comments:

@princecloete commented:

"I'm sure Justice Koen is tired of to-and-froing. Can't blame him for wanting out."

@Jimmy98149145 claimed:

"It looks like he is looking for a reason to avoid being involved in the trial."

@joshua_mafolo added:

"This trial is just a hot potato to handle. In any case, in the recent JSC interviews, Judge Koen did not make it either to the SCA or CC. Koen is overwhelmed by public opinion, his albatross at the JSC interviews."

Jacob Zuma’s delay tactics during arms deal trial: legal expert says he’s wasting court’s time

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In another story, Briefly News reported that a legal expert believes that former president Jacob Zuma’s delay tactics amid his corruption trial should be stopped. Judge Piet Koen adjourns the case until Wednesday, 19 October, when he will deliver an order on the future progress of the case.

Zuma applied for leave to appeal the dismissal of his special plea with the Constitutional Court on Friday, 14 October. The former president’s legal team believes that State Advocate Billy Downer is “ethically and professionally bound” to recuse himself from the case.

According to News24, the lawyers described Downer’s presence as an “abuse” of the court. The remarks come after Zuma launched a private prosecution against Downer and a journalist for allegedly leaking his medical records.

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Source: Briefly News

Authors:
Lerato Mutsila avatar

Lerato Mutsila (Current affairs editor) Lerato Mutsila is a journalist with 3 years of experience. She obtained a Bachelor of Arts in Journalism from Pearson Institute of Higher Education in 2020, majoring in broadcast journalism, political science and communication. Lerato joined the Briefly News current affairs desk in August 2022. Mutsila is also a fellow of the 2021/2022 Young African Journalists Acceleration programme, which trained African journalists in climate journalism. You can contact Lerato at lerato.mutsila@breifly.co.za

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