Maughan v Zuma and Others (12770/22P;13062/22P) [2023] ZAKZPHC 59

9th June 2023

Maughan v Zuma and Others (12770/22P;13062/22P) [2023] ZAKZPHC 59

A:        Case No: 12770/22P

 

1.            The summons issued out of the KwaZulu-Natal Division of the High Court, Pietermaritzburg on 5 September 2022, under case number CC52/2022P, for the purpose of instituting a private prosecution against the Applicant by the Respondent is set aside.

2.            The Respondent is interdicted and restrained from reinstituting, proceeding with, or from taking any further steps pursuant to, the private prosecution referred to in paragraph 1.

3.            The costs of this application are to be paid by the Respondent on an attorney and own client scale, such costs to include the costs of two counsel where so employed.

B:        Case No: 13062/22P

1.            The summons, by which the Respondent instituted a private prosecution of the Applicant in this court in Case CC52/2022P, is set aside.

2.            The Respondent is interdicted from pursuing any private prosecution of the Applicant on substantially the same charges as those advanced in the summons set aside.

3.            The Respondent is ordered to pay the Applicant’s costs on the scale as between attorney and own client, such costs to include the costs of two counsel where so employed.