Durban - Former president Jacob Zuma’s legal team is expected to face off against State Advocate Billy Downer in a private prosecution at the Pietermaritzburg High Court next month.
In October, Zuma laid criminal charges at the Pietermaritzburg police station against Downer for the alleged leaking of his medical records to journalist Karen Maughan, who is the second accused in the matter. When the National Prosecuting Authority declined to prosecute the case, Zuma said he would be proceeding with a private prosecution.
The Jacob Zuma Foundation spokesperson Mzwanele Manyi said one of the issues that would be addressed in court on October 10 is why Downer allegedly released a court document when it had not been stamped by the registrar of the court.
“It was not a public document, and publication was delayed because of this. The issue is the timing of the release of this information. A prosecutor is not at liberty to release documents that have not been made public,” Manyi said.
Downer is the state prosecutor in the 1990s Arms Deal trial in which Zuma and French arms manufacturer Thales are the co-accused.
In May, the presiding officer in that case judge Piet Koen postponed the case pending a decision from then Supreme Court of Appeal (SCA) Judge President Mandisa Maya regarding Zuma’s application for her to reconsider his special plea in which he had asked for Downer to be removed from the case.
Zuma claims that Downer is biased against him. Judge Maya declined Zuma’s application, and the former president then turned to the Constitutional Court.
The NPA responded to next month’s private prosecution court appearance, saying in a statement on Tuesday that it stood by Downer.
“The National Prosecuting Authority can confirm that Advocate Billy Downer SC was yesterday, 5 September 2022, served with a summons by the Sheriff in respect of charges relating to the alleged contravention of section 41(6) of the NPA Act. In terms of the said provision, the disclosure of certain information is prohibited.
“This follows the institution of a private prosecution by Mr Zuma, after the Director of Public Prosecutions in KwaZulu Natal, Adv E Zungu, issued a nolle prosequi certificate, following her decision not to prosecute Adv Downer on the alleged contravention,” NPA spokesperson Mthunzi Mhaga said in a statement.
“The NPA and its leadership fully support Adv Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Mr Zuma, and to further delay the trial. The private prosecution amounts to abuse of process.”
The NPA said Downer would continue to lead the NPA’s prosecution team in the Zuma/Thales trial.
“He has the NPA leadership’s full confidence. His track record of prosecutorial integrity and professionalism speaks for itself,” the statement reads.