On Wednesday, the Pietermaritzburg High Court delivered a significant ruling in the case involving former president Jacob Zuma, state advocate Billy Downer and News24‘s legal writer Karyn Maughan.
Karyn Maughan, Billy Downer win in Zuma ‘medical certificate’ case
While the full judgment is yet to be released, the court has issued an order that has far-reaching implications.
Zuma’s summons against state advocate Billy Downer, which could have led to private prosecution, has been set aside by the court.
The ruling effectively prohibits Zuma from reinstituting, proceeding with, or taking any further steps related to private prosecution.
Additionally, the court has ordered Zuma to bear the costs of the attorney and client on his own scale, as well as the costs of two advocates.
This means that Zuma will be responsible for covering the attorneys’ and advocates’ fees for both Billy Downer and Karyn Maughan, totalling four counsels.
Zuma had accused Downer of leaking confidential medical information to Maughan, thereby violating the National Prosecuting Authority (NPA) Act.
Maughan, in her defence, argued that Zuma did not obtain a nolle prosequi certificate against her, a crucial procedural requirement for Zuma to proceed with a private prosecution.
During the court proceedings, Zuma’s advocate, Dali Mpofu, made extensive submissions that resulted in the abrupt end of the hearing.
Maughan’s counsel, advocate Steven Budlender, contended that Zuma had levelled charges against Maughan due to his deep-seated animosity towards her.
Budlender emphasised that Zuma’s resentment stemmed from Maughan’s coverage of the former president’s arms deal corruption case, where he faced allegations of accepting bribes from French arms company Thales during the country’s arms procurement program in the 1990s.
Regarding the allegations of the release of Zuma’s medical information, Budlender argued that the medical report was a public document devoid of any confidential information.
While the full judgment is still awaited, this ruling marks a significant legal victory for both Billy Downer and Karyn Maughan.