Zuma to attend court case on Monday despite 'national shutdown'

17 March 2023 - 12:37 By TANIA BROUGHTON
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Former president Jacob Zuma is expected to attend the application by Billy Downer in the Pietermaritzburg high court on Monday. File photo.
Former president Jacob Zuma is expected to attend the application by Billy Downer in the Pietermaritzburg high court on Monday. File photo.
Image: Veli Nhlapo

State advocate Billy Downer’s application to set aside former president Jacob Zuma’s private prosecution of him will continue on Monday in the Pietermaritzburg high court in spite of the EFF’s call for a “national shutdown”.

Zuma will attend.

While spokesperson for his foundation, Mzwanele Manyi, initially said on Friday Zuma was not required to attend and “will decide on Monday if he wants to attend”, he later confirmed Zuma would be there.

This week, KwaZulu-Natal judge president Thoba Poyo-Dlwati issued a circular advising that because of the “shutdown”, most courts would not sit. However, whether opposed motions — such as the Downer matter — would proceed, would be dealt with on an individual basis by the judges hearing them. 

TimesLIVE understands Downer’s matter — and a similar matter brought by journalist Karyn Maughan set down for Wednesday — is being heard by a full bench of three judges.

The judges have instructed the parties that the matter will proceed and the office of the chief justice on Thursday sent out a notice of media accreditation. 

However, sources at court say there is still uncertainty because depending on what happens on Monday, court officials may not be able to get to work.

One told TimesLIVE staff had been instructed to come to work. If they were prevented from doing so, they would have to explain why in an affidavit, with supporting photographs or videos, if they did not want to have their pay docked.

Zuma, in his private prosecution, has charged Downer and Maughan with contravening the National Prosecuting Authority Act, relating to allegations that Downer “leaked” Zuma’s medical information, contained in a report to the court for postponement of his trial.

Downer, who is the lead prosecutor in Zuma’s arms deal-related corruption trial, and Maughan have launched applications to quash the charges. They say the private prosecution is an abuse of process and there is no substance to the allegations.

Several organisations, including the Helen Suzman Foundation, the South African National Editors' Forum and the Campaign for Free Expression have joined the proceedings as “friends of the court”. While Zuma initially opposed this, it is believed an order was taken by consent last week allowing their participation.

TimesLIVE

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