Zuma’s private prosecution of Downer and Maughan struck off the roll

Former president Jacob Zuma’s bid to privately prosecute state advocate Billy Downer and journalist Karyn Maughan was struck off the roll by the Pietermaritzburg high court on Wednesday.

Last week Maughan’s lawyer, Charl du Plessis, asked the court to strike the matter off the roll due to several failed appeals by Zuma in the private prosecution case.

Zuma instituted a private prosecution against Downer and Maughan in 2022, alleging public court documents regarding his corruption case were leaked to the journalist, including a sick note from the former president’s doctors.

Downer is the lead prosecutor in Zuma’s corruption case related to a multibillion-rand arms deal with French arms company Thales.

The court had set aside the private prosecution that Zuma tried to appeal but the application was twice dismissed by the Supreme Court of Appeal. Zuma’s appeals are set to head to the Constitutional Court, which could further delay the matter.

Judge Nkosinathi Chili said striking the matter off the roll would not prejudice Zuma. 

“I cannot think of any prejudice Mr Zuma would suffer if an order is made to remove the private prosecution from the roll, pending finalisation of his appeal against the order of the full court of this division,” he said. 

Chili said any order that prevented Zuma from reinstating his private prosecution case would amount to a gross violation of his rights to a fair trial and were incompatible with the intention of justice, despite the matter being previously set aside. 

"[I make the order that] the private prosecution by Mr Zuma of Mr Downer and Ms Maughan is removed from the roll. Such removal is without prejudice to the rights of Mr Zuma.” 

He said Downer and Maughan would avail themselves to appear as accused people on a date yet to be determined if required and pending the outcome of Zuma’s appeal application. 

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