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. This ruling was delivered on Wednesday, 30th November 2022, following an application by Maughan's lawyer, Charl du Plessis, who argued for the matter to be struck off the roll.

Background: In May 2022, Zuma announced his intention to privately prosecute Downer and Maughan over allegations of sabotage and conspiracy to commit crime. The former president accused Downer of leaking confidential information to Maughan during the Zondo Commission of Inquiry into Allegations of State Capture, which was investigating corruption during his tenure as president from 2009 to 2018.

Maughan, in turn, was accused of publishing this confidential information without authorization, which Zuma claimed had caused him harm. The application for a private prosecution was made under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2000 (Act No. 29 of 2000), which allows individuals to institute criminal proceedings against others for certain offenses.

Application to Strike Off the Roll: In response to this application, Maughan's legal team, led by Charl du Plessis, argued that the application was an abuse of process and should be struck off the roll. They contended that Zuma did not have the legal standing to bring a private prosecution against Downer and Maughan, as he was not a victim in this case. Furthermore, they argued that the application was politically motivated and aimed at intimidating the media and undermining the independence of the judiciary.

Ruling: In his ruling, Judge Dhaya Pillay agreed with Maughan's legal team and dismissed Zuma's application. The judge found that Zuma did not have the necessary legal standing to bring a private prosecution against Downer and Maughan, as he was not a direct victim in this case. The judge also noted that there was no evidence presented to suggest that Downer or Maughan had committed any crime. The ruling further stated that the application was an abuse of process and aimed at intimidating the media and undermining the independence of the judiciary.

Implications: This ruling is significant as it sets a precedent that former presidents or high-ranking officials cannot bring private prosecutions against journalists or legal professionals for alleged leaks or publishing confidential information without being directly affected by the crime in question. The ruling also highlights the importance of protecting the independence of the media and the judiciary in South Africa.

In conclusion, the Pietermaritzburg High Court's dismissal of Jacob Zuma's application to privately prosecute State Advocate Billy Downer and journalist Karyn Maughan is a victory for press freedom and the independence of the judiciary in South Africa. The ruling underscores that public figures cannot use the legal system to intimidate or harass journalists or legal professionals for performing their professional duties.