The high court in Pietermaritzburg has postponed former president Jacob Zuma’s case against state advocate Billy Downer and News24 journalist Karyn Maughan to August 4 pending Maughan’s application to have the private prosecution set aside.
Zuma lodged a complaint of prosecutorial misconduct in October 2021 and accused Downer, a lead prosecutor in his arms deal corruption case, of allegedly leaking his medical records to Maughan.
According to Zuma, Downer contravened National Prosecuting Authority (NPA) acts that prohibit state prosecutors and NPA employees from disclosing private documents to members of the public.
However, according to Maughan, Zuma is abusing court processes to intimidate her to stay away from the arms deal case.
She is arguing that the former statesman failed to obtain a nolle prosequi certificate against her, and that he did not suffer any injuries from her article, which revealed the medical records.
According to Maughan, Zuma’s case has no legal basis.
Meanwhile, the arms deal trial is set to resume in April. Presiding judge Piet Koen, who recused himself on Monday, has been replaced by judge Nkosinathi Chili.
“I have come to the conclusion, and it was not an easy decision, that I have to recuse myself from the trial,” Koen told the court at the start of the week.
He said the administration of justice, the requirements of the constitution, and his conscience made him to arrive at the decision.
“The views I previously expressed will reasonably be perceived, I believe, to influence [the] findings I will be required to make as to whether Mr Downer should or should not be removed as prosecutor and/or in the future when the issue of whether Mr Zuma has received a constitutionally fair trial will arise for determination.”
Welcoming Koen’s decision, the Jacob G Zuma Foundation said: “The foundation welcomes the sober call by judge Koen to recuse himself. We hope that the NPA will be guided accordingly and also recuse the criminally accused number one, advocate Downer, as the prosecutor of president Zuma.”
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