FORMER president Jacob Zuma is taking prosecutor advocate Billy Downer and News24 journalist, Karyn Maughan, to court.
In a statement on Tuesday, 6 September, the Jacob Zuma Foundation said he’d privately prosecute the two after he received a nolle prosequi certificate from National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi.
Foundation spokesman Mzwanele Manyi said the certificate for refusal to prosecute was issued on 6 June, in terms of section 7 of the Criminal Procedure Act.
The charges were relating to the accusation that Downer, prosecutor in the corruption trial Zuma faces in the Pietermaritzburg High Court, leaked confidential medical information that belonged to the former president.
“The foundation is pleased to announce that in the past 48 hours and in a coordinated operation, the sheriffs have served criminal summons on Downer in Cape Town and Maughan in Joburg. Maughan was the recipient of the medical information that was contained in a document acquired in the conduct of prosecutorial duties. Neither of the two accused had the requisite written permission of the NDPP,” said Manyi.
Prosecuting authority spokesman Mthunzi Mhaga said the agency would stand by its prosecutor, and called Zuma’s bid “an abuse of process” and “intimidation”.
“The NPA and its leadership fully support Downer, as we believe these charges are without merit. They are only designed to intimidate him in the prosecution of Zuma, and further delay the trial. The private prosecution amounts to abuse of process. Downer will continue to lead the prosecution team in the Zuma/Thales trial,” said Mhaga.
He added that the authority expected attacks on its prosecutors to intensify as state capture cases reached the courts, and that it would defend itself.
“Prosecutors need to act without fear or favour as they deliver on their constitutional mandate to ensure accountability for crime in our country. The people of our country, all victims of state capture, expect nothing less of members of the NPA,” said Mhaga.
