Africa-Press – South-Africa. Former president Jacob Zuma has been authorised to prosecute advocate Bill Downer SC privately.
On Tuesday, the NPA announced that Zuma was issued with a nolle prosequi certificate.
NPA spokesperson Mthunzi Mhaga said the Director of Public Prosecutions (DPP) in KwaZulu-Natal issued the certificate which allowed someone with direct interest in a case to pursue private prosecution.
“The DPP had declined to prosecute Downer due to insufficiency of evidence.
Zuma medical parole appeal set for August
“The NPA agrees with the DPP that the charges laid against Downer are baseless and cannot be sustained, hence her decision not to prosecute him. Downer has the NPA’s full support and will continue to lead the prosecution team against Zuma and (French arms company) Thales.
Abusive private prosecution
“Zuma has the right to pursue a private prosecution, and due process should be followed. Downer will, of course, defend himself in terms of the various legal remedies available to him. The NPA will support Downer in defending himself against what we consider an abusive private prosecution,” said Mhaga.
“As the NPA progresses with prosecutions of corruption and other serious economic crimes, particularly against the rich and the powerful, we expect that there will be attacks against NPA staff in an attempt to evade justice. We will not be deterred by such attacks.
“Downer remains focused on ensuring that the trial against Zuma and Thales resumes on 15 August,” Mhaga said.
Zuma failed in his attempt before Judge Piet Koen to have Downer removed as the prosecutor from the case. Koen found that none of the 14 grounds raised by Zuma as a basis for Downer being removed as his prosecutor were valid.
Meanwhile, the Supreme Court of Appeal is expected to hear an application by Zuma and the Department of Correctional Services (DCS) in August.
Jacob Zuma to institute private prosecution against prosecutor Billy Downer
Zuma and the department are seeking to challenge Gauteng High Court in Pretoria Judge Elias Matojane’s ruling that he was unlawfully granted medical parole and should return to prison – without the time that he had already served on medical parole counting as part of the 15-months he was ordered to serve by the Constitutional Court.
Former national commissioner of Correctional Services Arthur Fraser granted Zuma medical parole.
DCS had argued that there’s “no evidence” Jacob Zuma illegally influenced Fraser into granting the former president medical parole, and insisted the release was lawful.
Zuma was also expected to stand trial in the Pietermaritzburg High Court to face corruption charges.
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