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S v Zuma and Another (Reasons) (CCD30/2018) [2024] ZAKZPHC 80 (11 September 2024)
The High Court gave reasons for refusing Jacob Zuma’s bid to remove prosecutor Billy Downer, holding the grounds were already rejected and no fair-trial breach was shown.
Porritt and Another v National Director of Public Prosecutions and Others (978/2013) [2014] ZASCA 168; [2015] 1 All SA 169 (SCA); 2015 (1) SACR 533 (SCA) (21 October 2014)
The Supreme Court of Appeal held that the removal of prosecutors on the basis of apprehension of bias does not entitle the accused to an acquittal under section 106(4) of the Criminal Procedure Act. The test for removal of a prosecutor for bias is not the same as that for the recusal of a judicial officer. Prosecutors are inherently partisan in adversarial proceedings, and their prior involvement or funding by SARS does not automatically compromise the fairness of the trial. The correct test is whether substantive unfairness arises on the facts, not a general standard of independence. The cou…
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