By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) says the Director of Public Prosecutions (DPP) in Kwazulu-Natal has issued former president Jacob Zuma with a nolle prosequi certificate, which allows someone with interest to pursue private prosecution.
The certificate comes after the NPA declined Zuma’s request to prosecute Downer, citing lack of evidence on the matter.
NPA spokesperson Mthunzi Mhaga said the Director of Public Prosecutions (DPP) in KwaZulu-Natal issued the certificate which allowed someone with direct interest in a case to pursue private prosecution.
“The DPP had declined to prosecute Downer due to insufficiency of evidence.
“The NPA agrees with the DPP that the charges laid against Downer are baseless and cannot be sustained, hence her decision not to prosecute him. Downer has the NPA’s full support and will continue to lead the prosecution team against Zuma and (French arms company) Thales.
“Zuma has the right to pursue a private prosecution, and due process should be followed. Downer will, of course, defend himself in terms of the various legal remedies available to him. The NPA will support Downer in defending himself against what we consider an abusive private prosecution,” said Mhaga.
Last month, the Supreme Court of Appeal (SCA) dismissed Zuma’s reconsideration application for Downer’s removal from the trial.
The trial had been deferred to 1 August for the SCA’s decision on the former president’s application.
The matter will now resume at the the Pietermaritzburg High Court on 15 August.
Zuma faces multiple charges of fraud and corruption, alongside Thales, over the controversial multi-billion rand arms deal struck back when he was KZN MEC for economic development, in the 1990s.