Former president Jacob Zuma's private prosecution against national defender Billy Downer and journalist Karin Maughan has been struck from the register by the KwaZulu-Natal High Court in Pietermaritzburg. (Garo Images)
- Former president Jacob Zuma has privately indicted corrupt prosecutor Billy Downer and the reporter for alleged breaches of the NPA law related to the sharing of court documents.
- The private prosecution was dismissed as an “abuse” by the full bench of the KwaZulu-Natal High Court in Pietermaritzburg, which later granted an order to enforce the judgment.
- Following multiple appeals by Mr Zuma, his private prosecution against Mr Downer and the writer was removed from the register, but could be brought up again if the remaining appeals are successful.
Jacob Zuma's private prosecution against state defender Billy Downer and this reporter has been removed from the list as former president Jacob Zuma continues his campaign to challenge its invalidity in the Constitutional Court.
Judge Nkosinati Chili of the KwaZulu-Natal High Court in Pietermaritzburg said on Wednesday that Mr Zuma would receive an order to remove the private prosecution from the register, pending the final determination of an appeal against the blanket order. He said any bias was “unthinkable.” His private action was annulled by the Court of this Division.
Mr Zuma had sought to privately prosecute Mr Downer and the author for alleged breaches of the National Prosecuting Authority Act over the sharing of court documents, but Mr Downer has repeatedly been found not to be involved. The Natal High Court in Pietermaritzburg dismissed his case as frivolous and an abuse of process.
Court rulings also confirmed that the court documents in question did not contain Zuma's confidential medical information, despite Zuma's claims to the contrary.
Furthermore, the full court found that Mr Zuma's private prosecution of Mr Downer was a continuation of the so-called “Stalingrad” campaign to avoid facing justice through continued challenges to Mr Zuma. In a ruling unanimously upheld by the Supreme Court of Appeal, the government ordered enforcement of the judgment as Zuma attempted to appeal.
Mr Zuma's lawyers argued that the invalidated charges against Mr Downer and the writer should be stayed, while Mr Zuma exercised his remaining appeal options.
In response, Chile stated that “if Mr. Zuma is ultimately successful in his appeal against the order of the Full Bench of this Division, any order that would have the effect of preventing Mr. Zuma from resuming his private prosecution against Mr. Downer and Mr. Morgan; However, withholding the summons to a private prosecution would not only be a serious violation of Mr Zuma's right to a fair trial, but would also be inconsistent with the interests of justice.
But he pointed out that Mr Downer and the author had made an agreement to “use Mr Zuma as a defendant in a private prosecution if he were successful in his appeal against the order of the Grand Bench in this department”.
As a result, he ordered:
“1. Mr Zuma’s private prosecution of Mr Downer and Mr Morgan is removed from the register.
“2. Such exclusion is without prejudice to Mr. Zuma's rights under section 51(1)(1) of the Criminal Procedure Act 1977.
“3. Mr. Downer and Mr. Morgan are directed to appear as defendants in the private proceedings at a date to be determined if the judgments and orders of the full bench of this Division (Judges Krueger, Hendricks and Masipa) are unjust. June 7, 2023…Finally set aside. ”
It is expected that the impact of this judgment will be that Mr. Downer and the authors and/or their legal representatives will continue to appear in court on the quashed case, while Mr. Zuma will continue to take advantage of the option of appeal regarding the quashing of his private action. This means that it will not be done.
