By Lehlohonolo Lehana.
The High Court in Pietermaritzburg has dismissed the former President Jacob Zuma’s private prosecution of Advocate Billy Downer and News24 journalist Karyn Maughan.
The high court on Wednesday delivered judgment in applications brought by Downer and Maughan to set aside Zuma’s private prosecution.
In his ruling, Judge Paul Wallis said, “The respondent [Zuma] is interdicted and restrained from reinstituting, proceeding with, or from taking any further steps pursuant to, the private prosecution referred to…
“The costs of this application are to be paid by the respondent on an attorney and own client scale, such costs to include the costs of two counsel where so employed,”
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.
Maughan’s counsel, advocate Steven Budlender, argued in court that Zuma brought the charges against Maughan because of the former president’s “extraordinary animosity toward her”.
Zuma has also instituted private prosecution proceedings against his successor, President Cyril Ramaphosa, for accusing him of being an “accessory after the fact” in relation to the charges he brought against Downer and Maughan.
According to Zuma, Ramaphosa should be tried for criminal liability for allegedly not acting against the pair when he lodged a complaint with the Presidency over the alleged leak of his medical information.
Ramaphosa is challenging Zuma’s private prosecution bid against him and the South Gauteng High Court in Johannesburg last month reserved judgement in the case.