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.