Publications
Partners
- Former president Jacob Zuma instituted a private prosecution against his corruption prosecutor Billy Downer and this reporter for alleged violations of the NPA Act linked to the sharing of court papers.
- That private prosecution was dismissed as an "abuse" by a full bench of the KwaZulu-Natal High Court in Pietermaritzburg, which later granted an order enforcing that ruling.
- Following multiple failed appeal bids by Zuma, his private prosecution against Downer and this writer has been removed from the roll - but can be reinstated if he succeeds in his remaining appeal attempts.
Jacob Zuma's
private prosecution against state advocate Billy Downer and this reporter has
been removed from the roll, as the former President continues his campaign to
challenge its invalidation in the Constitutional Court.
KwaZulu-Natal High Court in Pietermaritzburg Judge Nkosinathi Chili on Wednesday said he could not "think of any prejudice Mr Zuma will suffer if an order were made, removing his private prosecution from the roll, pending finalisation of his appeal against the order of the full court in this division" which invalidated his private prosecution.
Zuma had sought to pursue a private prosecution against Downer and this writer for alleged violations of the National Prosecuting Authority Act over the sharing of the court papers - which Downer has repeatedly been found to have not been involved in. A full bench of the Kwazulu-Natal High Court in Pietermaritzburg dismissed his case as a baseless abuse of process.
Multiple court rulings have also confirmed that the court papers in question did not contain Zuma's confidential medical information, despite his claims to the contrary.
In addition, the full bench found that Zuma's private prosecution against Downer was a continuation of his so-called "Stalingrad" campaign to avoid ever facing trial through constant challenges to the case against him. It granted an order that would enforce its ruling as Zuma attempted to appeal it, in a judgment that was upheld, unanimously, by the Supreme Court of Appeal.
Zuma's counsel had argued that his invalidated prosecution against Downer and this writer should be postponed, while he exercised his remaining appeal options.
In response, Chili found that "any order that has the effect of preventing Mr Zuma from reinstating his private prosecution of Mr Downer and Miss Maughan, in the event that he finally succeeds in his appeal against the order of the full court of this division, which set aside a summons in the private prosecution, will not only amount to a gross violation of Mr Zuma's right to a fair trial, but also be incompatible with the interests of justice".
He, however, pointed out that Downer and this writer had undertaken "to avail themselves as accused persons in the private prosecution in the event that Mr Zuma succeeds in his appeal against the order of the full court in this division".
As a result, he ordered that:
"1. The private prosecution by Mr Zuma of Mr Downer and Miss Maughan is removed from the roll.
"2. Such removal is without prejudice to the rights of Mr Zuma, in terms of section 11 subsection 1 of the Criminal Procedure Act 51 of 1977.
"3. Mr Downer and Miss Maughan are directed to appear as accused persons in the private prosecution, on the date to be determined, in the event that the judgment and order of the full bench of this division (Justices Kruger, Hendricks and Masipa) 7 June 2023…are finally set aside.”
The effect of the ruling is that, while Zuma continues to utilise his appeal options in relation to the invalidation of his private prosecution, Downer and this writer and/or their legal representatives will not be expected to keep appearing on court for that invalidated case.
