The JGZ Foundation said they will meet accused number 2, Karyn Maughan in court next month.
The foundation insists that the law was broken when Maughan, a journalist from Media24 and senior state prosecutor advocate Billy Downer SC for exposing confidential medical information of former president Jacob Zuma.
Zuma launched a private prosecution against Maughan and Downer, three weeks ago they were served with summons and they are expected to appear in court on 10 October 2022.
Spokesperson for the foundation, Mzwanele said the NPA Act s41(6) does not make exceptions for Maughan or any journalist for that matter.
“The law forbids any person. Why does she think she's not any person? It's not like the objection is based on an honest journalist reporting from publicly available court documents, no.
Here we are dealing with an unlawful private deal between Downer and Maughan where unfiled and uncommissioned information from the NPA was shared. Why is it complicated to understand that the law was broken? That medical record is aggravating circumstances but a secondary issue,” Manyi said.
Maughan does not want to have her day in court, this week she filed an urgent application in the Pietermaritzburg High Court, asking the court to set aside the private prosecution brought by Zuma.
The Star is in possession of a 34 page-court paper filed by Maughan.
Maughan in the court papers said “I am cited as “accused 2” in a summons the respondent obtained in this court on 5 September 2022 under case number CC52/2022PP to institute a private prosecution against me and the public prosecutor leading the prosecution of Zuma, Downer.
“The charges to which the summons relates concerns Downer’s alleged “leaking” to me, and my publication, of the contents of a letter by Brigadier General (Dr) Mdutywa of the South African Military Health Service.
That letter concerned Zuma’s health status and capacity to attend a trial for the hearing of Zuma’s special plea to the criminal charges against him, which was scheduled to be heard in this Court on 10 August 2021.
It is alleged in the Indictment, but incorrectly, that at the time I published the contents of Dr Mdutywa’s letter on a News24 platform on 10 August 2021, the letter was a confidential document in the possession of the National Prosecuting Authority (NPA)”.
Maughan further said “This application is directed at setting aside the summons and interdicting Zuma from pursuing a private prosecution against me on the meritless charges in his Indictment”.
She said the summons are unlawful, vexatious and an abuse of the process of court. It must be set aside on at least three grounds:
“The summons is a gross abuse of the court process. It has been obtained against me for the ulterior purpose of intimidating and harassing me and preventing me from freely doing my job as a journalist reporting on Zuma’s criminal trial.
“This ulterior purpose is apparent from various comments made by representatives and close associates of Zuma, and from the fact that there are absolutely no prospects of success in respect of the charges Zuma has laid against me.
“A simple review of the facts, all of which are well known to Zuma and are succinctly set out in a judgement by Judge Piet Koen makes it clear that the charges are without any merit at all,” Maughan said.
Maughan said Zuma lacks standing to institute the private prosecution under section 7(1) of the CPA.
She said Zuma has no substantial and peculiar interest in the issue of the trial since he has personally suffered no injury as a consequence of the offence he alleges I have committed.
“I have been repeatedly maligned and threatened, including by members of Zuma’s family and his representatives at the JGZ foundation for doing my job,” Maughan said.
Manyi has raised concerns about accused number 1, Downer, who is allegedly going to be represented by state attorneys.
“Why is Downer represented by state attorneys in a criminal case affecting him as an individual? Why are taxpayers paying for Downer's shenanigans? Why is this allowed for Downer but not for Zuma on the Arms Deal trial,” asked Manyi.
NPA spokesperson Mthunzi Mhaga confirmed that NPA is funding Downer.“
“We confirm that the NPA is funding legal representation of Downer in view of the fact that the alleged offence with which he is charged, happened within the scope and course of his prosecutorial functions as an NPA employee.
The NPA reaffirms its support and confidence in Downer and will stop at nothing to defend its prosecutors against unjustified attacks and intimidating tactics as we intensify our efforts of rebuilding the rule of law.
If Downer is acquitted the private prosecutor will have to pay the costs incurred,” Mhaga said.