Zuma lodges private prosecution proceedings against Downer and journalist

Former president Jacob Zuma has launched private prosecution proceedings in the KwaZulu-Natal High Court in Pietermaritzburg against senior state prosecutor, advocate Billy Downer, and News24 journalist, Karyn Maughan.

This follows a criminal complaint opened by the former president in October last year at the Pietermaritzburg police station against Downer for allegedly leaking his confidential medical records to Maughan.

ALSO READ: NPA decides against prosecuting Billy Downer, but Zuma given lifeline

The National Prosecuting Authority (NPA) gave Zuma a private prosecution certificate – known as a nolle prosequi certificate – in June this year after it declined to prosecute Downer for allegedly leaking the former president’s medical records.

The NPA cited a lack of evidence for its decision.

Downer is the state’s lead prosecutor in Zuma and French arms manufacturer Thales’ arms deal corruption trial.

This promise was delivered today.
Adv Billy Downer and @karynmaughan will answer in Court. pic.twitter.com/Z3nFDJeyaA

— JGZuma Foundation (Official) (@JGZ_Foundation) September 6, 2022

Contravention of NPA Act

Zuma now wants Downer and Maughan to be charged for the alleged contravention of Section 41(6) of the NPA Act. In terms of the said provision, the disclosure of certain information related to a trial by prosecutors is prohibited.

It’s understood that the sheriff served the summons on Downer and Maughan on Monday. They are expected to appear in the high court in Pietermaritzburg on 10 October 2022.

The alleged leak of Zuma’s private medical records is related to a letter written by Brigadier Mcebisi Mdutywa last year when Zuma was imprisoned at Estcourt Correctional Centre in KZN for being in contempt of court after he refused to appear before the state capture commission.

In his letter to authorities – details of which were first published by News24 – Mdutywa said Zuma had suffered a “traumatic injury” in November 2020 and needed “extensive emergency treatment” with six months to recover.

READ MORE: Zuma placed on medical parole 

Zuma was later released on medical parole by former correctional services boss Arthur Fraser in September last year, after he only served two months of his 15-month jail sentence imposed by the Constitutional Court.

‘Baseless and without merit’

NPA spokesperson Mthunzi Mhaga on Tuesday said the prosecution body was fully behind Downer as they believed that the charges against him were “baseless and without merit”.

Mhaga said the charges were meant to intimidate Downer in the arms deal corruption trial, which resumes on 17 October 2022.

“Mr Downer will continue to lead the prosecution team in the Thales-Zuma trial as we believe he has prosecutorial integrity and professionalism which speaks for itself.

“We are aware that there will be these mounted unjustified attacks and intimidation on our prosecutors. We’ll continue to support them as we believe it is an imperative that we recognise,” Mhaga said.

NPA confirms support for Adv Billy Downer SC as lead prosecutor in Zuma/Thales trial pic.twitter.com/2GlQpMqESt

— NPASouthAfrica (@NPA_Prosecutes) September 6, 2022

Mhaga added that the NPA was anticipating more attacks on their prosecutors in the wake of the release of the state capture reports.

He said the NPA would “fiercely resist” these attempts against state prosecutors.  

“We’ll appeal to our prosecutors to be vigilant and continue to prosecute without fear or favour or prejudice as the nation expects nothing less of them.”

News24 maintains that the publication of the information about Zuma’s medical condition was not in violation of any laws, as the information was attached to court papers lodged at the high court.

“There is absolutely nothing strange or wrong about being given access to court papers that are about to be filed at court, for public viewing. Court papers are inherently public documents,” said News24 editor-in-chief Adriaan Basson.

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