The Jacob Zuma Foundation said it welcomed what it called a sober decision by Judge Piet Koen.
Yesterday, the arms deal matter involving former president Jacob Zuma and company Thales was postponed to January 30 in the Pietermaritzburg High Court.
Judge Koen announced that he was considering recusing himself from the trial.
Zuma is accused of pocketing millions in bribes from Thales, which were allegedly channelled through a business owned by Schabir Shaik, a Durban businessman who in 2005 was convicted for almost similar crimes.
He has launched a private prosecution against state prosecutor Billy Downer for allegedly sharing his medical records.
Zuma has now taken the matter to the Constitutional Court.
Jacob Zuma Foundation spokesperson Mzwanele Manyi said they would never allow the former president’s trial to continue until Downer was removed.
Manyi said they welcomed the decision by Koen to reject the desperate and failed application of Downer and the NPA for the trial of Zuma to start on November 7 irrespective of so many outstanding issues associated with the matter.
“The ruling shows that there is still hope for the South African judiciary. Koen was being asked to perform a miraculous act of starting a trial which is bedevilled by so much controversy created by the NPA,” Manyi said.
He further said: “For starters Downer himself is accused Number 1 in the private prosecution and he should himself be recusing himself purely from a professional and ethical standpoint.”
Manyi said this issue would be referred to the Legal Practice Council In due course because previous representations made to the NDPP to replace Downer had fallen on deaf ears.
“Secondly Downer seems to be the only person who was not aware that the Constitutional Court is seized with an application for leave to appeal against the decision of Koen not to strip Downer of his title to prosecute. In this regard Downer was arguing the case from a selfish position.
“Thirdly as Koen himself has indicated he has pronounced himself on the merits of the issues in the private prosecution. In fact, both Downer and journalist Karyn Maughan have unwisely invoked Koen’s judgment as part of their defence. At this stage it therefore seems as if Koen is correct that his own position has been made untenable,” Manyi said.
He said the foundation also welcomed Koen’s gesture in giving Zuma’s legal team and the NPA more time than they requested to address the issue of his recusal.
“Once the legal team has formulated its final position after consulting the patron, the public will be informed,” Manyi said.
Political analyst Professor Sipho Seepe said Koen appeared to be persuaded that the case involving Zuma was not as simple as it is often presented.
Seepe said this included the defence’s submission that Downer had become personally and emotionally invested in the case to conduct himself in a manner that was consistent with the Constitution.
“Judge Koen’s decision to consider recusing himself comes as a surprise. Be that as it may, it is to be a welcomed development for a judge to be self-reflective. It is a pity that other judges have to be asked to recuse themselves. Other judges, like the chief justice, have lacked the required discernment,” Seepe said.