The high court in Pietermaritzburg has postponed until August 4 the case of former president Jacob Zuma against state counsel Billy Downer and News24 journalist Karolyn Maughan, awaiting Maughan’s appeal to have the private prosecution thrown out.
In October 2021, Zuma filed a complaint alleging prosecutorial misconduct and accused Downer, the senior prosecutor in his weapons deal corruption investigation, of leaking his medical documents to Maughan.
According to Zuma, Downer violated National Prosecuting Authority (NPA) statutes prohibiting state prosecutors and NPA personnel from exposing confidential data to the general public.
Nevertheless, according to Maughan, Zuma is manipulating the judicial system to frighten her into staying out of the arms deal case.
She contends that the former statesman did not get a nolle prosequi certificate against her and that he did not suffer any harm as a result of her article revealing his medical information.
According to Maughan, there is no legal basis for Zuma’s case.
In the meanwhile, the arms sale trial will resume in April. Piet Koen, who recused himself from the case on Monday, has been replaced by Nkosinathi Chili.
Koen told the court at the beginning of the week, “I have come to the difficult conclusion that I must recuse myself from the trial.”
According to him, the administration of justice, the obligations of the constitution, and his own conscience influenced his choice.
“It is reasonable to assume that the opinions I’ve previously expressed will influence the findings I’ll be required to make regarding whether Mr. Downer should or should not be removed as prosecutor, and/or in the future, when the question of whether Mr. Zuma received a constitutionally fair trial will arise for determination.”
The Jacob G Zuma Foundation praised Koen’s decision, stating, “The foundation applauds the judge’s sensible choice to withdraw himself. We hope that the National Prosecuting Authority would be guided accordingly and likewise recuse the criminally accused number one, advocate Downer, as president Zuma’s prosecutor.”
»Zuma’s case against Downer and Maughan is postponed«