Durban - FORMER President Jacob Zuma’s spokesperson has claimed that Zuma is being denied his day in court as he is expected to meet with his legal team this week to start preparing for a private prosecution of state prosecutor Billy Downer.
This after the National Prosecuting Authority (NPA) indicated that it issued Zuma with a nolle prosequi certificate in respect of the charges he brought against Downer, which means it has taken a decision not to prosecute the case.
This latest development will likely delay proceedings in the arms deal trial which was due to have started on August 15, although Zuma supporters say the NPA must shoulder the blame for delays.
Zuma and French arms manufacturer Thales are facing fraud and corruption charges relating to the multibilliondollar arms deal that took place in the 1990s. Downer is the state prosecutor in the matter.
Zuma in October laid criminal charges at the Pietermaritzburg police station against Downer for the alleged leaking of his medical records.
NPA spokesperson Mthunzi Mhaga confirmed that Elaine Zungu, the director of public prosecutions in KwaZulu-Natal, had issued Zuma with a nolle prosequi certificate based on a lack of evidence.
In a statement, Mhaga said: “Mr Zuma has the right to pursue a private prosecution and due process should be followed. Adv Downer will of course defend himself in terms of the various legal remedies available to him. The NPA will support Adv Downer in defending himself against what we consider to be an abusive private prosecution.”
Zuma’s spokesperson Mzwanele Manyi said a private prosecution has to be instituted within three months of the date of the nolle prosequi certificate and the former president’s legal team will be ready to institute the proceeding before September 6.
“The legal team has already started all the preparatory work and the draft charge sheet is ready. We will issue a statement soon to say that the private prosecution is starting,” Manyi said.
The Jacob Zuma Foundation issued a statement yesterday saying that while Zuma was informed on April 8 that the NPA would not be prosecuting Downer, they were perplexed as to why the nolle prosequi certificate was issued two months later.
Supreme Court of Appeal (SCA) Judge President, Mandisa Maya, last month dismissed Zuma’s application for a review of the court’s ruling which dismissed his bid to have Downer removed.
In March, SCA judges dismissed Zuma’s application to set aside a Pietermaritzburg High Court ruling which turned down his request for Downer’s removal. Zuma then lodged an application for Judge Maya to reconsider the SCA judges’ order. According to a media statement issued by the Office of the Chief Justice, Judge Maya dismissed Zuma’s application on May 20.