NPA doctors say Zuma is fit to stand trial, so why isn’t he in court?
Jacob Zuma’s health is once again the subject of much debate in the Pietermaritzburg High Court on Tuesday morning, after it was revealed that the NPA’s medical team believes he is medically fit to stand trial and the state indicated that it had subpoenaed his medical records.
The former president’s legal team under the lead of Advocate Dali Mpofu failed to answer Judge Piet Koen’s questions about Zuma’s absence, insisting that Zuma has indicated the trial may proceed without in his absence. This is in stark contrast to Zuma’s previous insistence that he must be allowed to physically attend his trial, even going as far as bringing an application to prevent the matter being heard virtually, so that he may attend in person.
On Tuesday, Zuma failed to appear in court due to his undisclosed health problems. Mpofu informed Judge Koen that Zuma was not able to attend the trial because his doctors were still monitoring him.
Earlier, however, Advocate Wim Trengove, acting for the NPA, said state doctors had determined that Zuma was fit to stand trial, meaning his absence in court was, in effect, unlawful.
There is no legal precedent for an accused to instruct a court to proceed with a matter in his absence, when he is fit to appear. They state argued that his absence was sufficient basis to subpoena his medical records, which Trengrove said they had done a week ago, but The Department of Correctional services had failed to hand them over.
Earlier this month, Zuma was controversially released on medical parole after serving a few weeks in jail for being in contempt of court. He was incarcerated for 15 months by the Constitutional Court in June for refusing to obey orders that he appear and answer questions before the Commission of Inquiry into Allegations of State Capture.
Corrections Head Arthur Fraser has revealed that he granted medical parole to Zuma, against the recommendation of the medical parole advisory board. Fraser’s decision is currently facing a legal challenge of its own from multiple parties.
Mpofu argued that the state was trying to access Zuma’s medical records irregularly.
Also Read: Zuma, Thales corruption trial postponed once again
The court decided to proceed to hear Zuma’s special-plea application to remove the National Prosecuting Authority’s (NPA’s) prosecutor, Billy Downer, from the arms deal corruption trial.
This special plea is in itself unprecedented, as it argues that neither Prosecutor Billy Downer, nor the NPA have legal standing to prosecute Zuma.
The former president and Thales are on trial over the controversial multibillion-rand arms deal. Zuma is facing multiple counts including fraud‚ corruption, money laundering and racketeering.
Thales, which is accused of bribing Zuma, faces four counts.
This is a developing story. More to follow.