Johannesburg - Jacob Zuma Foundation believes the former president has a serious case that can put lead state prosecutor advocate Billy Downer and News24 journalist Karyn Maughan behind bars for 15 years.
However, the media house and the National Prosecuting Authority (NPA) have declared respectively their support for the two to the hilt.
The foundation revealed that Zuma has launched a private prosecution against Downer and Maughan, accusing them of publicly disclosing details from Zuma’s medical records.
The foundation’s spokesperson, Mzwanele Manyi, said yesterday that after much resistance the National Director of Public Prosecutions (NDPP), advocate Shamila Batohi had acceded to Zuma’s demand to provide him with a nolle prosequi certificate in terms of section 7 of the Criminal Procedure Act and in respect of her refusal to prosecute Downer for, what Manyi said, his role in the criminal disclosure of confidential medical information which belongs to Zuma.
“As previously indicated, the provision of the certificate was a legal requirement for Zuma to institute private prosecution proceedings against Downer and/or his accomplices,” said Manyi.
He added: “The foundation is pleased to announce that in the past 48 hours and in a co-ordinated operation the sheriffs have served criminal summons on Downer in Cape Town and one his accomplices, Maughan, in Johannesburg.
“Maughan was the recipient of the medical information which was contained in a document which was acquired in the conduct of prosecutorial duties.
“Neither of the two accused persons had the requisite written permission of the NDPP. The other alleged accomplice has been added in the list of 23 witnesses for the prosecution,” Manyi said.
He said in terms of section 41(6), read with section 41(7) of the NPA Act, the conduct of the two accused persons constituted a serious criminal offence which carried a maximum sentence of 15 years’ imprisonment.
According to filed court papers, the first appearance of the two accused is scheduled for October 10, 2022 at the Pietermaritzburg High Court.
“The public will be duly informed of any further developments in this matter,” Manyi said.
The media house told The Star that the move by Zuma was an attempt to bully Maughan and their company when he knew they had done nothing wrong.
“There is absolutely nothing strange or wrong about being given access to court papers that are about to be filed at court, for public viewing. Court papers are inherently public documents. This is a cornerstone of open justice in a democracy.
“Maughan was just doing her job, and threatening her with private prosecution is a blatant and cynical attack on media freedom in this country. Maughan will continue to report on Zuma's criminal cases and we will defend her to the hilt,” said News24’s editor-in-chief, Adriaan Basson.
Downer is the lead prosecutor in the Zuma and Thales arms deal trial. Over the past months, Zuma’s attempts to get Downer to recuse himself from the case have failed.
The NPA confirmed that Downer was served with 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,
NPA spokesperson Mthunzi Mhaga said this follows the institution of a private prosecution by Zuma, after the Director of Public Prosecutions in KwaZulu-Natal, advocate Elaine Zungu, issued a nolle prosequi certificate, following her decision not to prosecute Downer on the alleged contravention.
“The NPA and its leadership fully support Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Zuma, and to further delay the trial. The private prosecution amounts to abuse of process.
“Downer will 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,” Mhaga said.
He added that as much as the NPA will allow the law to take its course, they recognise the imperative of protecting their prosecutors from unjustified attacks and intimidation.
“We expect attacks to intensify as the wheels of justice begin to gain momentum in the context of accountability for state capture. We must and will fiercely resist this. 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,” Mhaga said.
The Star