Publications
31 January 07:09
What Judge Piet Koen's recusal means
Experts have weighed in on the recusal of the judge in the arms deal corruption trial of former president Jacob Zuma, saying a great deal of time would pass before the formal trial even got underway.
31 January 07:08
Karyn Maughan | Koen’s recusal shows the devolution of Stalingrad – and how it’s working for Zuma
Jacob Zuma has lost all of his legal challenges to his corruption prosecution. But, Karyn Maughan writes, Judge Piet Koen's decision to recuse himself from the former president's trial demonstrates that Zuma is winning what he wants the most: delays.
31 January 07:08
Judge Piet Koen recuses himself for sake of 'justice'
Judge Piet Koen has recused himself from the arms deal corruption trial of former president Jacob Zuma and Thales. He says that, in the interest of justice, another judge should take over the case.
30 January 10:51
Zuma's legal team says they will prepare an application calling for Downer's recusal.
He is however happy for a postponement until 17 April, as is Barry Roux for Thales.
- Kaveel Singh
30 January 10:49
Downer says he is aware of an intention to apply for Downer's recusal by Zuma's legal team, but in an absence of an application for that, he calls for the postponement of proceedings on 17 April 2023 for trial.
- Kaveel Singh
30 January 10:48
Downer says the recusal matter is done, but that we are also finding a postponement date following a Constitutional Court order for leave to appeal.
That has been resolved, says Downer. He now calls for the trial to go ahead in the second and third term of the year.
- Kaveel Singh
30 January 10:23
"I have come to the conclusion, that I have to recuse myself from the trial. It is what the sound administration of justice, the constitution and my conscience dictates. The trial should therefore have to be heard by another judge," says Koen.
- Kaveel Singh
30 January 10:19
The mere fact that a private prosecutor has been pursued by a person being prosecuted is a matter of great concern.
It is not per se, conclusive of this issue.
It does not mean if there is a private prosecution that the prosecutor has a personal crusade against the accused.
There must be a weighing of all considerations. It must be perceived to be objectively verified.
- Kaveel Singh
30 January 10:17
Koen says he found the letter from Zuma's doctor to be vague, which could be said to violate his privacy.
The disclosure of the letter was an irregularity at best, says Koen, and that it did not reasonably impair Zuma's rights.
- Kaveel Singh
30 January 10:16
Koen says that any confidentiality had been waved, as no confidentiality was claimed when the papers were filed in court.
He also expressed that no part of the letter was redacted.
- Kaveel Singh
30 January 10:15
A judicial officer should not hesitate to recuse him or herself if there are relevant grounds, says Koen.
He explains that he did not see anything wrong with a prosecutor speaking to media in their general duties.
He says he made a number of findings, including that the medical letter with his medical information, would have been made public eventually.
- Kaveel Singh
30 January 10:08
"The integrity of any trial must be beyond criticism and reproach. I feel the current trial meetings those requirements. Full confidence in the judicial system is vital for rule of law," says Koen.
"Actual bias is not mentioned in my recusal."
- Kaveel Singh
30 January 10:08
The 14 grounds of misconduct relied on by Zuma did not affect Downer's ability to prosecute, says Koen.
He adds that he was concerned for some time that some of his issues expressed in previous court appearances might require his recusal.
He says that having Downer prosecuting Zuma, who is also privately prosecuting him had to be carefully looked at.
- Kaveel Singh
30 January 10:03
While there is heightened security in court, Zuma does not appear to be present on Monday.
- Kaveel Singh
30 January 10:01
Koen gives context on the private prosecution regarding News24 journalist Karyn Maughan and Advocate Billy Downer.
- Kaveel Singh
30 January 10:00
Koen says he does not intend reading his full 47- page judgment regarding his recusal from the Zuma and others corruption case.
- Kaveel Singh
30 January 09:48
Former president Jacob Zuma and his co-accused, French company Thales, are back in the Pietermaritzburg High Court on Monday to learn whether Judge Piet Koen will continue to preside.
In a major twist to the oft-delayed corruption case, Koen postponed the matter in October after he invited arguments from the State and defence as to whether he should continue to preside over Zuma's trial so that the integrity of the trial was beyond reproach.
Koen's self-initiated invitation for submissions on his potential recusal came after Zuma's lawyers asked that he make a decision on whether the prosecutor, Billy Downer, should continue to participate in the case – given that the former president had initiated a private prosecution against him and News24 journalist Karyn Maughan for allegedly violating the National Prosecuting Authority Act.
Zuma and Thales are facing charges related to fraud, corruption and money laundering in connection with the arms deal that took place in the 1990s.
30 January 09:48
This is not the only court case the former president is involved in.
The Gauteng High Court in Johannesburg ruled in January that it will hear the review application by President Cyril Ramaphosa against former president Jacob Zuma's private prosecution in May. The same court granted Ramaphosa's urgent interdict after the president's legal team successfully argued that he should not be dragged into court for what it described as an illegal prosecution.
The former president accused prosecutor advocate Billy Downer and News24 journalist Karyn Maughan of allegedly leaking Zuma's confidential medical information during his arms deal trial.
30 January 09:48
30 January 09:48
The former president is also currently facing the possibility he may have to return to jail after the SCA ruled that former correctional services boss Arthur Fraser unlawfully authorised his release on medical parole in September last year.
The Department of Correctional Services said in November it will appeal the Supreme Court of Appeal (SCA) ruling that former president Jacob Zuma's release on medical parole was unlawful.
The former president had served less than two months of his 15-month sentence at the Estcourt Correctional Services facility in KwaZulu-Natal. He was arrested in July for contempt of the Constitutional Court.
