Johannesburg - The Jacob Zuma Foundation will not take the Pietermaritzburg High Court judgment setting aside former President Jacob Zuma’s matter lying down.
The foundation confirmed that they were going to appeal the ruling and pledged to urgently appeal it.
Yesterday, the court dismissed Zuma’s private prosecution application against journalist Karyn Maughan and the National Prosecuting Authority’s (NPA’s) Billy Downer, with costs.
Zuma accused Downer of sanctioning the leak of his medical records to Maughan.
The foundation’s spokesperson, Mzwanele Manyi, said they were appalled by the “bizarre judgment”.
“From where the foundation sits, the law is very clear on this matter: Section 41 of the NPA Act has been transgressed, and we don’t understand why the court made such a judgment.
“Zuma is going to appeal. We see this as a travesty of justice; we see this as people being treated with the law as if they do not exist in the country.
“When the law is so clear about not giving out information prior to permission by the national director of public prosecution, how can it be that when that has happened, the court sees nothing wrong with it? We see this as those notorious Zuma laws,” Manyi said.
The order from the three judges – Judge Jacqueline Henriques, Judge Gregory Kruger and Judge Mokgere Masipa – dismissed the matter. The court further said that Zuma is not allowed to institute proceedings or take any further steps in this matter.
“The summons issued out of the KwaZulu-Natal Division of the High Court, Pietermaritzburg, on September 5, 2022, under case number CC52/2022P, for the purpose of instituting a private prosecution against the applicant by the respondent is set aside.
“The respondent is interdicted and restrained from reinstituting, proceeding with, or taking any further steps pursuant to, the private prosecution referred to in paragraph 1.
“The costs of this application are to be paid by the respondent on an attorney and own client scale, such costs including the costs of two counsel where so employed,” reads part of the judgment.
News24 assistant editor Pieter du Toit said they welcome the decision as a win for media freedom.
“At Media24, we still haven’t received the full judgment. But as far as the order is concerned, I think it’s very clear that the court saw this attempt by the former president to privately prosecute a state advocate, as well as a journalist, as frivolous. So we’re very happy.
“I think it’s a strong offence against press freedom, freedom of speech, and freedom of the media.”
Legal analyst Elton Hart said if one looks at what happened as the high court gave an order, there is nothing stopping Zuma from approaching the full bench of the high court or maybe the Supreme Court of Appeal for leave to appeal.
“When the appeal is lodged, it means we go back to square one, where the higher court will have to look at: Was the judgment in the interest of justice and did they look at every avenue and every aspect? But they need to disclose why they should not forget that the NPA gave a nolle prosequi certificate in regards to advocate Downer to say that they declined to prosecute.”
Legal analyst Mpumelelo Zikalala concurred that there is still an option for Zuma to appeal the judgment.
The Star