By Karyn Maughan.
The Supreme Court of Appeal (SCA) has dismissed the former president Jacob Zuma’s bid to appeal the invalidation of his private prosecution against his corruption prosecutor Billy Downer and the writer.
The SCA found Zuma’s leave to appeal application had “no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard”.
Zuma had sought to pursue a private prosecution against Downer and this writer for alleged violations of the National Prosecuting Authority (NPA) 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 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 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 SCA.
Writing on behalf of a full bench of the SCA, Judge Nathan Ponnan said the facts demonstrated “that the private prosecution of Downer is an abuse of the process of the court” because it was “instituted as a further step in a sustained attempt by Zuma to obstruct, delay and prevent his criminal trial” and “to have Downer removed as the prosecutor in Zuma’s trial”.
This “ulterior purpose” rendered the private prosecution unlawful, he said.
Ponnan added the charges Zuma had sought to pursue against Downer and this writer was “patently a hopeless case” and “obviously unsustainable”.
While the SCA’s ruling on Tuesday has reinforced the correctness of the High Court and SCA’s damning assessment of the private prosecution launched by Zuma, it is almost certain he will seek a reconsideration of the SCA’s decision – or challenge that decision in the Constitutional Court.
Zuma is already attempting to appeal the SCA’s enforcement ruling in the Constitutional Court.
He has also again applied for Downer’s removal, after multiple failed efforts to force him off his corruption case.
The NPA has opposed that application, which the KwaZulu-Natal High Court in Pietermaritzburg is expected to rule on in 2024.