By Lehlohonolo Lehana.
Former president Jacob Zuma has launched private prosecution proceedings in the KwaZulu-Natal High Court in Pietermaritzburg against senior state prosecutor, advocate Billy Downer, and News24 journalist, Karyn Maughan.
The case is in connection to News24 publishing information related to Zuma’s medical condition last year.
The summons was served on Downer and Maughan on Tuesday morning. They are expected to appear in the high court on 10 October 2022.
The case is related to a letter written by Brigadier Mcebisi Mdutywa last year when Zuma was imprisoned at Estcourt Correctional Centre in KZN for being in contempt of court after he refused to appear before the state capture commission.
In his letter to authorities, Mdutywa said Zuma had suffered a “traumatic injury” in November 2020 and needed “extensive emergency treatment” with six months to recover.
News24 maintains that the publication of the information was not in violation of any laws as the information was attached to court papers lodged at the KZN High Court in Pietermaritzburg.
Downer is the lead prosecutor in Zuma and Thale’s arms deal corruption case.
The NPA has rejected Zuma’s charges against Downer, calling it “an abuse of process” and reiterating that it has confidence in Downer’s prosecution of Zuma.
“The NPA and its leadership fully support Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Zuma, and to further delay the trial. The private prosecution amounts to abuse of process. Downer will continue to lead the NPA’s prosecution team in the Zuma/Thales trial. He has the NPA leadership’s full confidence. His track record of prosecutorial integrity and professionalism speaks for itself,” the NPA said in a video by spokesperson Mthunzi Mhaga released on Tuesday.
NPA confirms support for Adv Billy Downer SC as lead prosecutor in Zuma/Thales trial pic.twitter.com/2GlQpMqESt
— NPASouthAfrica (@NPA_Prosecutes) September 6, 2022
It added that it expects attacks on its prosecutors to intensify as state capture cases reach the courts, and that it will defend itself against “unjustified attacks and intimidation”.
“Prosecutors need to act without fear or favour as they deliver on their constitutional mandate to ensure accountability for crime in our country. The people of our country, all victims of state capture, expect nothing less of members of the NPA,” Mhaga said.