Former president Jacob Zuma wants his corruption case in Pietermaritzburg to be postponed for 3 weeks until he can be present in court.
Zuma's legal team argued that the present circumstances due to the Disaster Management Act would subject him to an unfair trial as the case would be held virtually in his absence.
The former president, who's serving a 15-month jail term in the Escourt Correctional Centre, requested a postponement a week ago. This, according to the court papers Zuma filed, was refused by the National Prosecuting Authority.
Adv Dali Mpofu, who represents Zuma, told the court every accused person deserved a fair trial when he argued for a 3 week-long postponement.
Zuma, wearing a black suit, white shirt and red tie, followed the proceedings from the correctional facility showing no emotion.
Mpofu argued before judge Piet Koen that the Disaster Management Act was being used to take away Zuma's rights to a fair trial, including being able to consult with his lawyers.
He argued that those rights were even guaranteed during wars or floods for an accused person to be able to be present.
"Just from logic and common sense, if those rights cannot be taken away even under a state of emergency, we know that the so-called Disaster Management Act is something less than the state of emergency," Mpofu said.
Mpofu argued that it was unconstitutional for Zuma's rights to be taken away when even a state of emergency would not do that.
This is yet another trial before a trial as a special plea by Zuma wanting the removal of Billy Downer as prosecutor was expected to be at the centre of Monday's court appearance in the Pietermaritzburg high court.
Zuma's special plea is based on section 106(1)(h) of the Criminal Procedure Act (CPA), which states that when an accused pleads to a charge, he may plead that the prosecutor has no title to prosecute.
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