Zuma back in court on Friday to defend urgent applications by Downer and Maughan
In June, the High Court in Pietermaritzburg dismissed the private prosecution initiated by Zuma against Downer and Maughan
Picture File: State prosecutor Advocate Billy Downer and legal journalist Karyn Maughan appearing before the Pietermaritzburg High Court. Photo: Gallo Images
Former president Jacob Zuma is expected back in the Pietermaritzburg High Court on Friday to defend an urgent application.
This after state prosecutor Billy Downer and News24 journalist Karyn Maughan brought separate applications to enforce their successful bid to overturn Zuma’s private prosecution against them.
The duo wants the full bench to give an order declaring the judgment delivered on 7 June operational and executable, pending Zuma’s application for leave to appeal.
If the order is granted, it would block Zuma from demanding Downer and Maughan appear in court for the private prosecution while the leave to appeal application is being heard.
‘Ploy’
The Jacob Zuma Foundation spokesperson Mzwanele Manyi said Downer and Maughan’s application was a ploy to avoid appearing in the criminal court on Friday, 4 August for the private prosecution case which was postponed earlier this year.
“The urgent applications have been brought in terms of section 18 of the Superior Court Act, according to which a party may present exceptional circumstances which necessitate departure from the general rule that a judgment which is being appealed is suspended and has no legal effect,” Manyi said.
ALSO READ: Zuma dealt a blow after private prosecution of Ramaphosa declared unlawful
Zuma to oppose
Manyi said Zuma will oppose the applications by Downer and Maughan.
“President Zuma opposes the application on the grounds that it is not urgent, it is premature and no exceptional circumstances have been established.
“In any event, accused persons have a duty to obey the postponement order issued by the criminal court judge in February to be present in court at 9h30 on 4 August 2023 or face arrest,” Manyi said.
It is unclear if Zuma will be present in court.
Zuma’s medical information
In June the High Court in Pietermaritzburg dismissed the private prosecution initiated by Zuma against Downer and Maughan.
Zuma was also ordered to pay the costs incurred in the legal proceedings.
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.
ALSO READ: Zuma’s bid to prosecute Downer and Maughan dismissed
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