By Lehlohonolo Lehana.
Advocates Thabani Masuku and Dali Mpofu – for former president Jacob Zuma – has slammed the involvement of civil society organisations in supporting State advocate Billy Downer and journalist Karyn Maughan in fighting their private prosecution.
Zuma has initiated private prosecution processes against Downer after accusing him of leaking his medical report to Maughan.
However, both Downer, who is the lead prosecutor in Zuma’s arms deal case, and Maughan, have mounted an application seeking to block the former president from privately prosecuting them.
Addressing a full bench of judges on Wednesday morning, Zuma’s legal representative, Masuku, dismissed arguments that the former president’s motive was to stop Maughan from reporting on his arms deal case.
“As we speak Ms Maughan is covering today’s court proceedings. Surely, if the intention was to stop her from reporting , then how come she is still able to perform her duties.
The only reason Zuma was prosecuting Maughan, Masuku said, was because he believed Maughan participated in the commission of a crime.
“Section 41 (6) of the National Prosecuting Act is clear: anyone who wants to disclose information in the position of the NPA should seek permission from the National Director of Public Prosecutions (NDPP).
“The law does not say there is a special place for journalists,” he said.
Masuku also said the claims made by the lawyers representing the various amicus curiaes in the matter amounted to “insults”.
The amici curiae included the South African National Editors Forum (Sanef), Media Monitoring Africa and the Campaign for Free Expression – which have joined Maughan’s challenge and the Helen Suzman Foundation, which has joined Downer’s.
Democracy in Action has also been admitted as an amicus but Zuma’s legal team doesn’t take issue with those submissions.
An amicus curiae, Masuku said, was supposed to be impartial.” They are here to assist the court”.
“But the Helen Suzman Foundation made it clear that it’s here to support Downer and oppose Zuma,” he said.
Masuku urged the court to disregard the foundation’s submission.
Shortly before the start of Wednesday’s court proceedings, a group of journalists picketed outside the court in solidarity with Maughan.
Advocate Dali Mpofu, for Zuma argued that “no person” can say that there are “no probable grounds” for Zuma’s private prosecution and contends that the motive behind this prosecution can truly be tested in a criminal trial.
He argued that, unless it can be shown that Zuma has no intention of securing a conviction in this case, it cannot be alleged that there is an ulterior purpose behind it.
Maughan advocate Steven Budlender in response, said “The case is not just weak. It is non-existent and is a mirage.”
The NPA Act section used to justify the criminal prosecution of Downer and Maughan can only “self-evidently” only relate to information that is not in the public domain, Budlender argued.
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Video Courtesy of SABC.