Pietermaritzburg court hears Zuma's recusal application

The former president, who is not present in court, wants lead prosecutor Billy Downer to recuse himself.

He believes Downer is unfit for the job.

"One of the pleas that you can present is that the prosecutor lacks title to prosecute and then it goes on as far to say if you are successful, you may demand an acquittal. That's not a small matter my lord," says Zuma's legal representative, Advocate Dali Mpofu.

"In other words, you could have killed a hundred people, but if you find that the prosecutor does not have the title to prosecute, you may theoretically walk." 

Earlier, Mpofu strongly opposed the State calling up subpoenaed witnesses to hand up Zuma's medical documents and records because of his absence in court. 

The court previously heard that if the special plea did not go ahead on Tuesday in court, that medical evidence must be led in court in order to secure a postponement.

Mpofu explained that the former president could not be physically present in court today on the advice of his doctors, but that he had requested the application to go ahead.

He argued Zuma's medical records were confidential and irrelevant.

"The treating team is still monitoring the current post-parole situation so as to make an educated comparison and to determine whether Mr Zuma's medical condition is improving or deteriorating further. 

"They have placed him in what they regard as secondary medical care. It is once again medically impossible to reach a final conclusion while that process is still underway."  

Judge Piet Koen has ruled that the issue of Zuma's medical report would be heard at a later stage and that the application would proceed today.  

He excused the witnesses and their legal teams.