Zuma’s bullying is not over

So, Jacob Zuma is going to appeal yesterday’s KwaZulu-Natal High Court in Pietermaritzburg decision which chucked out his deliberate legal diversionary tactic of trying to bring a private prosecution against arms deal prosecutor Billy Downer and journalist Karyn Maughan. Call us surprised.

The process to challenge what his foundation calls a “bizarre” judgment will, of course, drag out even further the legal process against our former president, yet another court skirmish in the rearguard actions he is fighting to avoid having his day in court.

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That is why it is gratifying that, in turning down the private prosecution application, the court ordered that Zuma pay costs – on the attorney and own-client scale and for those of two advocates.

This is regarded by the legal fraternity as a punitive award and a clear signal that Zuma is, yet again, wasting the time of our legal system. He must be close to meeting the legal definition of a “vexatious litigant” by now.

However, one must not be quick to label his latest court shenanigans as frivolous. It was not. It was an attempt to intimidate both Downer and Maughan and, in the case of the latter, it was an attempt to silence the media by raising the fear of criminal prosecution for merely doing the job of reporting.

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It was also a tactic to deter one of the country’s best prosecutors and try to force him to withdraw from the case – something he has previously indicated he is not prepared to do.

Media lawyer Dario Milo correctly characterises the private prosecution tactic as akin to a Slapp (strategic lawsuit against public participation) lawsuit.

These are where people with financial resources try to intimidate, or scare off, communities or journalists from pursuing public-interest stories and actions. Let’s hope this serves as a warning to other, like-minded bullies.

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