Johannesburg – Former president Jacob Zuma has lost his bid to overturn an earlier court ruling that threw out his attempted private prosecution of Advocate Billy Downer and journalist Karyn Maughan.
Zuma unsuccessfully initiated a private prosecution against Advocate Downer – the prosecutor in the stalled arms deal matter in which the former president is an accused – and journalist Karyn Maughan alleging that they colluded to leak and publish contents of his confidential medical letter.
On Friday, the Supreme Court of Appeal dismissed Zuma’s appeal with costs.
During court proceedings, Advocate Tembeka Ngcukaitobi, for Maughan, argued that Zuma was engaged in a “cynical abuse of the legal system”.
Ngcukaitobi said the private prosecution is not to be used as a tool of revenge, abuse, and manipulation and Zuma’s abuse of it has serious implications for the rule of law and the constitutional order.
The judgment handed down electronically on Friday said in summary: “Section 18 of the Superior Courts Act 10 of 2013 – suspension of order pending appeal – abuse of process – not to order judgment to be carried into effect – will prolong the abuse”.
Judge of Appeal VM Ponnan added: “In the result, the appeal must fail and it is accordingly dismissed with costs, including those of two counsel, to be paid on the attorney and client scale”.
The private prosecution has stalled the decades-old arms deal trial in which Zuma is accused of accepting bribes from co-accused French arms manufacturer Thales.
The matter dates back to the 1990s $2.5 billion deal to buy European military kit.
Zuma was deputy president at the time of the arms deal.
Schabir Shaikh, Zuma’s former financial adviser, was found guilty and jailed in 2005 for trying to solicit bribes for the then deputy president from the French arms company.
Advocate Dali Mpofu, the legal representative for Zuma, has presented arguments before the Supreme Court of Appeal, contesting claims that Zuma has abused legal processes to delay his criminal cases.
