Former president Jacob Zuma’s application for leave to appeal his private prosecution of State advocate Billy Downer and journalist Karyn Maughan was dismissed by three judges with costs in the Pietermaritzburg High Court on Monday.
In July, Judges Gregory Kruger, Jacqui Henriques, and Mokgere Masipa deemed Zuma's private prosecution against Maughan and Downer an abuse of power.
Zuma, led by his counsel, advocate Dali Mpofu, SC, tried taking action against Downer and Maughan after he opened a criminal case in 2021. He alleged that Downer, the State’s lead prosecutor in the marathon corruption trial against the former president, had unlawfully leaked his medical records, including a doctor’s note to Maughan.
Zuma insists that the actions of Downer and Maughan were in contravention of the National Prosecuting Authority Act, but the NPA declined to prosecute, as IOL previously reported.
In handing down the judgment, Kruger said: "The fact that the public may have an interest in this matter is also not a justification to grant leave to appeal. Naturally, this matter is clearly important to Mr Zuma; however, this is not a compelling reason to grant leave to appeal.
"We have carefully considered whether the appeal has the prospects of success, and we have arrived at the conclusion that there are no merits raised in any of the arguments made by the applicants."
Zuma was present in the Pietermaritzburg High Court on Monday. Last month, Correctional Services Commissioner Makgothi Thobakgale decided that Zuma be returned to the Estcourt Correctional Facility.
However, he was then released on remission of sentence granted by President Cyril Ramaphosa to low-risk offenders.
Justice Minister Ronald Lamola said at the time that the decision was taken to address overcrowding in prisons.
IOL