Zuma lays criminal charge against state advocate Downer.

By Lehlohonolo Lehana

Former president Jacob Zuma has laid criminal charges against senior state prosecutor Billy Downer, over allegedly leaking medical records.

Zuma,who was accompanied by his daughter Duduzile Zuma-Sambudla, descended to Pietermaritzburg’s Loop Street Police Station to open the case on Thursday afternoon.

The charge is believed to be linked to Zuma’s claim that Downer leaked information about his current state of health to the media.

Zuma’s legal team alleges that a media house then made enquiries based on the contents of the medical report.

On Tuesday Pietermaritzburg high court judge Piet Koen is expected to rule on Zuma’s special plea, which is calling for the removal of lead prosecutor Downer. 

Zuma believes that if his application to remove Downer is successful, he should be acquitted.

NPA spokesperson Mthunzi Mhaga said the NPA noted with concern the charges laid against Downer.

“We understand these charges relate to alleged breach of section 41(6) of the NPA Act which prohibits disclosing of information without the permission of the national director. The NPA is committed to upholding due process and the rule of law and will assess the merits of the charges in an objective manner.

“We also note that these charges are laid while the matter is subject to judicial determination by the high court in Pietermaritzburg and judgment is expected to be delivered on October 26. While the law must be allowed to follow its course, the NPA is concerned about the context within which these charges have been laid, and the timing in light of the pending judgment of the high court,”he said. 

Mhaga said Downer was a highly respected prosecutor “who has carried himself with integrity throughout his career in the NPA”.

“His reputation speaks for itself. All NPA prosecutors are required to act without fear or favour and should feel confident to deliver on their mandates without fear of intimidation. However, we will allow the director of public prosecutions in KwaZulu-Natal to deal with the matter as and when she receives the case docket from the police,” he said.

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