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

In a significant legal development in South Africa, the Pietermaritzburg High Court in KwaZulu-Natal has dismissed former President Jacob Zuma's application to privately prosecute State Advocate Billy Downer and journalist Karyn Maughan. The ruling was delivered on Wednesday, 23rd March 2023, by Judge Dhaya Pillay.

Zuma had initiated the application in an attempt to hold Downer and Maughan accountable for their roles in the controversial investigation into his alleged corruption during his tenure as president. The investigation led to the establishment of the Zondo Commission, which is currently ongoing.

Maughan, an investigative journalist for the Sunday Times, had reported on various allegations of corruption against Zuma, while Downer was the National Prosecuting Authority (NPA) advocate who led the team that charged Zuma with 16 counts of fraud, racketeering, and money laundering in 2009. These charges were later withdrawn in 2009, and Zuma claimed that the decision was politically motivated.

In response to this, Zuma's legal team, led by advocate Dan Mochama, filed an application in October 2022 to privately prosecute Downer and Maughan for alleged crimes related to perjury, defeating the ends of justice, and conspiracy to commit perjury. The application was based on various affidavits and evidence that Zuma's team claimed proved that Downer and Maughan had colluded to fabricate evidence against him.

However, on Wednesday, Maughan's lawyer, Charl du Plessis, argued that the application should be struck off the roll due to several procedural irregularities and lack of merit. Du Plessis contended that the application was an abuse of process and that there was no evidence to support the allegations against his client.

Judge Pillay agreed with Du Plessis' arguments and ruled that the application lacked merit due to insufficient evidence and procedural irregularities. The judge also noted that the application was an abuse of the court process as it was not brought in good faith.

Furthermore, Judge Pillay criticized Zuma's legal team for not following due process in serving the application on Downer and Maughas' legal representatives in a timely manner. The judge also noted that the application was brought after the expiry of the prescribed period for bringing criminal charges against the two respondents.

As a result of this ruling, the application to privately prosecute Downer and Maughan has been dismissed, and they are no longer facing any criminal charges in relation to this matter. The ruling is a significant development in the ongoing legal saga surrounding Zuma's corruption allegations and the ongoing Zondo Commission investigation.