By Lehlohonolo Lehana.
The Pietermaritzburg High Court has ruled in favour of state prosecutor Billy Downer and journalist Karyn Maughan enforcing its judgment that former President Jacob Zuma’s private prosecution is unlawful and must be set aside.
On Thursday, the high court declined to suspend its 7 June ruling, which declared Zuma’s private prosecution unlawful and set aside the matter, pending the final determination of the former president’s application for leave to appeal.
In its June ruling, the High Court had dismissed the private prosecution initiated by Zuma against Downer and Maughan.
Zuma instituted the private prosecution proceedings against the pair after he accused Downer – the lead prosecutor in his arms deal corruption trial – of leaking his confidential medical information to Maughan in August 2021.
In September last year, the former president issued summonses to both Downer and Maughan, compelling them to appear in court for private prosecution. The pair then filed applications challenging the summons they received in relation to the case.
Downer and Maughan contended they did not leak the former president’s medical information, emphasising the information was publicly available in court documents and did not include confidential details.
In addition to granting Downer and Maughan an enforcement order of the ruling, the court, in its latest judgment, also ordered Zuma to pay the costs including the cost of two counsel.
Zuma’s lawyer Advocate Dali Mpofu has previously indicated that he would exercise his right to automatically appeal the enforcement order, if it was granted.
Meanwhile, the JG Zuma Foundation announced that the former president has returned from his medical trip to Russia.
The foundation’s spokesperson Mzwanele Manyi confirmed on Wednesday that the check-up and observations went well.
“His return was also necessitated by the private prosecution matter which will be sitting in the Pietermaritzburg High Court on Friday 4th August 2023.
“In terms of the law it is compulsory for the Private Prosecutor to appear whenever the Accused persons appear in terms of the summons or as ordered by a Judge,” said Manyi.
The private prosecution will now continue without the presence of Maughan and Downer at court proceedings.