The state had pleaded with Judge Nkosinathi Chili to dismiss the application and set a trial date in the arms deal corruption case against the former president
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Downer was plain that the state was seeking a trial date and moved that the matter be heard in the second and third court term of next year. since 2021 for Downer’s removal and its decision with regard to his application for leave to appeal that ruling. “Courts are compelled to give reasoned judgments so that citizens can know why they have certain orders adverse to them made against them. It is just a constitutional right that flows directly from section 34 of the Constitution … the right to a fair hearing and so on.”By not providing full reasons, Mpofu said, the court had “tied our hands” because it left Zuma unable to exercise his right to appeal, adding that there was a 50% chance another court would disagree with Chili’s ruling.
“Having regard to submissions made by counsel, the relevant case law and, most importantly, the four pillars relied upon by Mr Zuma, I am not persuaded that Mr Zuma succeeded in establishing that the retention of Mr Downer as the prosecutor in this matter could prejudice his right to a fair trial enshrined in section 35 of the Constitution.”in terms of section 106 of the Criminal Procedure Act , but would incorporate his full reasons in the court’s judgment at the close of the trial.
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