WATCH: Zuma engaged in ‘cynical abuse of the legal system’ − Ngcukaitobi

The Supreme Court of Appeal on Thursday reserved judgment in former president Jacob Zuma‘s bid to challenge the dismissal of his private prosecution against advocate Billy Downer and journalist Karyn Maughan.

Zuma appealed the enforcement of the KwaZulu-Natal High Court in Pietermaritzburg ruling that invalidated his private prosecution of Downer and Maughan.

This after the court in August declined to suspend its 7 June ruling, which declared the former president’s private prosecution unlawful and set aside the matter, pending the final determination of the former president’s application for leave to appeal.

Watch: Advocate Tembeka Ngcukaitobi arguing that Zuma is abusing legal system

Sit back and watch an absolute legal masterclass from one of South Africa’s best lawyers ever, Adv Tembeka Ngcukaitobi SC as he smashed The EFF’s disgraceful Dali Mpofu out the park. A massive loss for Dali and Jacob Zuma loading with punitive cost order.
DALI MPOFU IS USELESS pic.twitter.com/VAck1f53fL

— Goolam (@goolammv) September 28, 2023

In that ruling, judges Gregory Kruger, Jacqui Henriques and Mokgere Masipa deemed Zuma’s private prosecution against Maughan and Downer an abuse of power.

Downer and Maughan lodged the enforcement appeal asking the high court for an order to block Zuma from further pursuing private prosecution against them while he appealed the matter.

‘Abuse of legal system’

During court proceedings, advocate Tembeka Ngcukaitobi, for Maughan, argued that Zuma was engaged in a “cynical abuse of the legal system”.

Ngcukaitobi said the private prosecution is not to be used as a tool of revenge, abuse and manipulation  and Zuma’s abuse of it has serious implications for the rule of law and the constitutional order.

“Mr Zuma’s constant cynical manipulation of the legal system has turned something that would have shocked you two years ago into the norm.

“What the court cannot allow is a manipulation of the legal system,” Ngcukaitobi argued, adding that “anyone who attempts to manipulate the legal system for ulterior purposes should be stopped by the judges.”

ALSO READ: Zuma appeal in Downer, Maughan private prosecution case fails

Stalingrad strategy

Advocate Dali Mpofu, for Zuma, however claimed that the oft-reported “Stalingrad” strategy attributed to his client was just “mumbo jumbo” created by the media.

“If they (Downer and Maughan) are all so innocent, why are they here?” Mpofu argued, before alleging that both Downer and Maughan have resorted to Stalingrad litigation to avoid their day in court.

Mpofu argued that the “prospects of success” in Zuma’s appeal against the invalidation of his private prosecution are “overwhelmingly” in his favour.

Adv Mpofu SC destroying the submission of Adv Ngcukaitobi SC in the Private Prosecution of Karyn Maughan & Billy Downer by H.E President Zuma #PrivateProsecution pic.twitter.com/P6fRFpp6G0

— JGZuma Foundation (Official) (@JGZ_Foundation) September 28, 2023

Private prosecution

The former president 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.

Zuma claimed the “leak” was in breach of the National Prosecuting Authority Act.

However, Downer and Maughan challenged the private prosecution on the basis that Zuma’s medical information was publicly available in court documents and did not include confidential details.

Zuma and French arms company Thales face several charges including fraud, racketeering and money laundering linked to the multibillion-rand arms deal in 1999.

ALSO READ: Zuma dealt a blow after private prosecution of Ramaphosa declared unlawful