Downer guns for Zuma – again – vowing to stay on case

State prosecutor Billy Downer has opposed Jacob Zuma's latest legal move, arguing the former president's latest bid to force his removal should only be heard if — and when — Zuma is convicted and sentenced in his arms deal corruption case, which has been dragging on for the "better part of 21 years".

- Faizel Patel

Judge Nkosinathi Chili dismissed Zuma's second application bid to have Downer removed in April, saying he did not believe Zuma's right to a fair trial would be compromised if Downer remained as a prosecutor.

Zuma instructed his lawyer, advocate Dali Mpofu, to petition the Supreme Court of Appeal (SCA) to appeal Chili's ruling.

In papers filed before the SCA, Downer argues the legal framework and arguments surrounding Zuma's application for leave to appeal to remove him are clear and well established.

"As the high court's refusal of Zuma's attempt to have me removed as a prosecutor was a decision made during a criminal trial, it may be appealed only if and when Zuma is convicted and sentenced."

Downer also argues Zuma's prosecution has been dragging on for the better part of 21 years.