https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Audio / Audio Articles RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Zuma's private prosecution of Maughan, Downer postponed in less than a minute


Close

Zuma's private prosecution of Maughan, Downer postponed in less than a minute

Should you have feedback on this article, please complete the fields below.

Please indicate if your feedback is in the form of a letter to the editor that you wish to have published. If so, please be aware that we require that you keep your feedback to below 300 words and we will consider its publication online or in Creamer Media’s print publications, at Creamer Media’s discretion.

We also welcome factual corrections and tip-offs and will protect the identity of our sources, please indicate if this is your wish in your feedback below.


Close

Embed Video

Zuma's private prosecution of Maughan, Downer postponed in less than a minute

Former President Jacob Zuma
Photo by Reuters
Former President Jacob Zuma

2nd February 2023

By: News24Wire

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Former president Jacob Zuma's private prosecution of State advocate Billy Downer and News24 journalist Karyn Maughan has been postponed to 4 August.

It took the KwaZulu-Natal High Court in Pietermaritzburg less than a minute to postpone the matter to accommodate Maughan's pending application to have the private prosecution set aside.

Advertisement

Zuma made his first appearance in court as the private prosecutor on 10 October, last year. He alleges that Downer and Maughan contravened a section of the National Prosecuting Authority (NPA) Act that prohibits NPA employees from disclosing private documents to members of the public.

The document that's central to the private prosecution is a letter that his military doctor, Mcebisi Mdutywa, had written to the State ahead of his corruption trial, while he was in Estcourt Prison, to say that he had to be transported to Pretoria for urgent medical surgery for treatment for a "traumatic injury" he had suffered a year before.

Advertisement

The letter was attached to court papers the State and Zuma had filed ahead of the case. Maughan asked the State's counsel for a copy of the papers. After counsel electronically filed the papers with the court, Maughan received a copy.

She published a story on News24, quoting both sets of court papers and the Mdutywa letter, which also formed part of the papers filed by Zuma's own lawyer, which were public documents.

The letter is not a medical record. Instead, it is a doctor's note informing the court of Zuma's transportation to a Pretoria hospital for urgent surgery following a "traumatic injury" he suffered in the past.

Maughan wants the KwaZulu-Natal High Court in Pietermaritzburg to scrap the private prosecution.

She outlined three core reasons, including the fact that Zuma did not obtain a nolle prosequi certificate against her.

A nolle prosequi certificate is a document that states the NPA does not intend to prosecute someone - a requirement for a private prosecution.

Maughan also contends that Zuma is abusing the court process to intimidate, harass and bully her to prevent her from reporting on Zuma's corruption case any further.

She says Zuma did not suffer any injury as a result of her published piece and therefore doesn't have legal standing.

EMAIL THIS ARTICLE      SAVE THIS ARTICLE      FEEDBACK

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here


About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za