The Jacob Zuma Foundation has confirmed that the former president Jacob Zuma has launched a private prosecution against the National Prosecuting Authority’s advocate Billy Downer SC, and advocate and News24 journalist Karyn Maughan.
The foundation accused Downer and Maughan of publicly disclosing details from Zuma’s medical records.
“We can confirm as a foundation that lawyers of Zuma have already filed all necessary papers in court to start the private prosecution of Downer and Maughan. The two are accused of disclosing information which was protected in the hands of the NPA. The law prohibits the NPA from making such information public unless authorised by the NDPP which is in this case advocate Shamila Batohi,” said Mzwanele Manyi, the spokesperson for the Jacob Zuma Foundation.
He further said: “As we speak now there is no record of Batohi having made such an authorisation and we did write to her to request her to confirm and she has not said anything and did not respond. Both Downer and Maughan will have an opportunity in court to respond to these serious accusations.”
Manyi said such accusations carry heavy criminal sentences, saying a person can be imprisoned for 15 years for this kind of transgression.
News24’s editor-in-chief Adriaan Basson told “The Star” that the move by Zuma is an attempt to bully Maughan and News24 when he knows they did 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,” Basson said.
Downer is the lead prosecutor in the Zuma and Thales arms deal trial
The NPA confirmed its support for Downer.
“The NPA can confirm that Downer was on Monday (yesterday) 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,” said NPA spokesperson Mthunzi Mhaga.
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.