Judge Nkosinathi Chili has taken the reins from Judge Piet Koen in former President Jacob Zuma’s arms deal corruption case.
Koen this morning recused himself from the matter. This is because of Zuma’s looming application for the removal of lead prosecutor, State Advocate Billy Downer.
The application, which has yet to be formally filed, is premised on the fact that the former president has now instituted a private prosecution against Downer over allegations that he leaked confidential medical information to the press.
Zuma raised the same allegations in his failed special plea, which was also aimed at getting Downer off the case, and Koen had already expressed his views on them, casting doubt on whether they had any merit.
Koen on Monday said the administration of justice, the requirements of the constitution and his conscience dictated that he must recuse himself.
“The views I previously expressed will reasonably be perceived, I believe, to influence findings I will be required to make as to whether Mr. Downer should or should not be removed as prosecutor and/or in the future when the issue of whether Mr. Zuma has received a constitutionally fair trial will arise for determination.”
After the ruling, the parties in the corruption trial made a brief appearance before the new presiding judge.
The matter was postponed to 17 April. But it is unlikely to proceed as Jacob Zuma’s legal team having indicated that they plan on filing their new application for Billy Downer’s removal from the case before then.
The result will likely be that the trial proceedings have to be postponed again, pending the outcome the application.
Meanwhile, the Jacob Zuma Foundation welcomed Koen’s recusal from the arms deal corruption case, describing it as a “sober” call.