Supreme court of appeal denies Zuma leave to appeal Downer ruling: After the ‘Stalingrad season 27’ finale, the former president’s arms deal trial is due to start on 11 April
as binding authority for dismissing the plea.
He also claimed that Koen misread the rationale for the ruling reached in Porritt, and that it did not, on the facts, serve as binding precedent in his plea because the applicants did not rely on section 106 of the Criminal Procedure Act to argue for the removal of a prosecutors in the matter on the basis of bias. And, he contended, the Porritt ruling itself was wrong in giving a narrow interpretation to the term “title to prosecute”.
In his ruling in February, Koen authoritatively answered the question before the court, saying he was bound by it, even if he disagreed, which he did not “That unanimous finding by the SCA disposed of the word ‘title’ having a wider meaning to include a lack of impartiality or a lack of independence, for whatever reason and specifically those complained of by Mr Zuma.”In his approach to the appellate court, he sought to challenge the high court’s stance that an appeal, prior to the completion of the trial on the charges, should be allowed only if it would lead to the prompt resolution of the main issues between the parties.
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