Jacob Zuma takes Billy Downer to court in private prosecution

Former president Jacob Zuma is taking advocate Billy Downer, the lead prosecutor in his arms-deal-related corruption trial, to court.

NPA spokesperson advocate Mthunzi Mhaga confirmed that Downer was this week served with a summons by the sheriff in respect of charges relating to the alleged contravention of section 41(6) of the NPA Act.

The “private prosecution” relates to allegations that Downer leaked Zuma’s confidential medical records to News24 journalist Karyn Maughan.

It is understood Maughan has also been served with a summons. They are to appear in the Pietermaritzburg high court on October 10.

Zuma initiated the private prosecution after he laid criminal charges which the NPA declined to prosecute.

The so-called confidential medical details were contained in a report attached to court papers filed by Zuma’s own lawyers, at a time when he claimed to be too ill to attend his trial before judge Piet Koen in the Pietermaritzburg high court.

The report did not provide any specific details regarding Zuma’s condition, and it was reported on by other media houses. Legal commentators have said this is yet another ploy by Zuma in his “Stalingrad” litigation approach to his trial.

Mhaga said the NPA and its leadership fully supported Downer and that the allegations against him were “baseless and without merit” and just designed to intimidate him in his prosecution of Zuma.

He would continue to lead the prosecution team with “prosecutorial integrity and professionalism”.

Mhaga said the NPA was aware there would be mounting unsubstantiated attacks that would gain momentum in the wake of the state capture report.

“We appeal to our prosecutors to be vigilant and to prosecute without fear or favour as the nation expects nothing less of them,” he said.

The trial against Zuma and French arms company Thales has been on hold while Zuma attempts to oust Downer from the case, which could mean that he is entitled to an acquittal.

Zuma claims Downer is biased and prejudiced against him and therefore has no “title to prosecute” him in terms of the Criminal Procedure Act.

Koen has already ruled against him in this regard and denied him leave to appeal. 

Zuma then petitioned the Supreme Court of Appeal and was unsuccessful there.

His latest application is pending before the Constitutional Court, where he seeks an order compelling the SCA to hear the appeal.

Koen set October 17 as another “holding date”, for the outcome of the Constitutional Court matter and to determine the way forward.

Zuma has been excused from attendance.

He and Thales are facing charges of racketeering, corruption, money laundering and fraud charges relating to the arms deal.

Zuma is accused of receiving about R4m via his former financial adviser Schabir Shaik to assist Thales to secure defence contracts. Shaik was convicted in 2005 but was released on medical parole in 2009.