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Judgment reserved in Maughan, Downer enforcement appeal case against Zuma


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Judgment reserved in Maughan, Downer enforcement appeal case against Zuma

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Judgment reserved in Maughan, Downer enforcement appeal case against Zuma

Former President Jacob Zuma
Photo by Reuters
Former President Jacob Zuma

28th July 2023

By: News24Wire

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Judgment was reserved in an enforcement appeal related to former president Jacob Zuma's private prosecution of News24 specialist legal journalist Karyn Maughan and senior State advocate Billy Downer.

Maughan and Downer filed an enforcement appeal to prevent any action resulting from Zuma's private prosecution while he appeals the matter.

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Three judges - Gregory Kruger, Jacqui Henrique and Mokgere Masipa - deemed Zuma's private prosecution against Maughan and Downer was an abuse of power.

Downer is the prosecutor in Zuma's arms deal corruption trial.  

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The judges agreed that Zuma's private prosecution of Maughan had all the elements of a Strategic Litigation Against Public Participation (SLAPP) suit, which is a legal strategy often employed by big corporations or individuals that bring defamation actions for huge amounts against individuals who criticise them.

Zuma has, however, appealed the matter.

The former head of state has resorted to Stalingrad tactics, using almost every opportunity to appeal processes of the court.

Speaking on behalf of Downer, Geoff Budlender SC commenced proceedings before the same three judges, saying Zuma was obsessed with removing Downer from his arms deal prosecution case.

He said Zuma chose to privately prosecute Downer in a bid to remove him from the years-long matter.

He added that, if the enforcement order was not granted, interim issues related to the private prosecution would be problematic while an appeal process unfolded.

"We will have endless problems with private prosecutions launched for alternate reasons."

He said the order they sought was an interim order and would not impact or prejudice Zuma.

Steven Budlender, for Maughan, said the relief they sought "would render the criminal proceedings annulled until this court's order is set aside on appeal".

"We are not debating a permanent interdict, we are debating the section 18 (3) order which lasts while appeals are taking place.

"His rights are fully protected if his appeal wins and there will be a trial and everything will be in order."

Dali Mpofu SC, for Zuma, said the matter should be dealt with in a criminal court.

He added that the judges should decide whether the appeal would have no prospect of success in the Supreme Court of Appeal.

He said the upcoming private prosecution appearance on 4 August would still likely be postponed as Zuma's appeal was dealt with.

Judgment was reserved. 

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