By: ANG Reporter
Former president Jacob Zuma is pursuing private prosecution against Billy Downer, the lead prosecutor in his corruption trial and News24 journalist Karyn Maughan, the Jacob Zuma Foundation announced today.
Zuma pursued the private prosecution after he laid criminal charges, which the National Prosecuting Authority (NPA) declined to prosecute. The medical details were contained in a report attached to court papers filed by Zuma’s lawyers, at a time when he couldn’t attend his trial in the Pietermaritzburg high court as a result of ill-health.
In a statement foundation said: “On 6 June 2022 after much resistance, the National Director of Public Prosecutions (NDPP), Adv Shamila Batohi acceded to the demand of former President Jacob Zuma to provide him with a nolle prosequi certificate in terms of
section 7 of the Criminal Procedure Act and in respect of her refusal to prosecute Mr. Billy Downer for his role in the criminal disclosure of confidential medical information which belongs to the former President.”
“As previously indicated the provision of the certificate was a legal requirement for the former President to institute private prosecution proceedings against Mr. Downer and/or his accomplices.”
“The Foundation is pleased to announce that in the past 48 hours and in a coordinated operation the Sheriffs have served criminal summons on Mr. Downer in Cape Town and one his accomplices Ms. Karyn Maughan in Johannesburg.”
The foundation said Maughan was the recipient of the medical information which was contained in a document which was acquired in the conduct of prosecutorial duties.
“Neither of the two accused persons had the requisite written permission of the NDPP. The other alleged accomplice has been added in the list of 23 witnesses for the prosecution.
In terms of section 41(6), read with section 41(7) of the NPA Act, the conduct of the two accused persons constitutes a serious criminal offence which carries a maximum sentence of 15 years imprisonment.”
The foundation said the first appearance of the two accused persons is scheduled for 10 October 2022 at the Pietermaritzburg High Court.
“The public will be duly informed of any further developments in this matter.”