S v Zuma and Another (Reasons) (CCD30/2018) [2024] ZAKZPHC 80 (11 September 2024)

S v Zuma and Another (Reasons) (CCD30/2018) [2024] ZAKZPHC 80 (11 September 2024)

The court found that all grounds advanced by Mr Zuma for the removal of Mr Downer as prosecutor had been thoroughly canvassed and rejected in previous litigation. The private prosecution of Mr Downer was found by the Supreme Court of Appeal to be an abuse of process, instituted for ulterior motives and unsustainable on the facts. Allegations of information leaks to Ms Maughan and Mr Sole were found to be unsupported by admissible evidence, with previous judgments binding on this court. The argument that Mr Downer is not indispensable was not supported by evidence, and the practical reasons for retaining him as prosecutor were not addressed by Mr Zuma. The court concluded that Mr Zuma's...

Citation
[2024] ZAKZPHC 80
Parties
Applicant: The State; Respondent: Jacob Gedleyihlekisa Zuma; Respondent: Thales South Africa (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
11 September 2024
Case Number
CCD30/2018
Procedural Posture
Criminal Law Application / Reasons for Order Following Dismissal of Application to Remove Prosecutor
Outcome
Application for removal of Mr Downer as public prosecutor dismissed.
Judges
Chili
Legal Topics
Removal of Prosecutor, Abuse of Process, Fair Trial Rights, Private Prosecution, Disclosure of Information
Criminal Law Civil Procedure Removal of Prosecutor Abuse of Process Fair Trial Rights Private Prosecution Disclosure of Information

Case Brief

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Parties

The State

Applicant

Jacob Gedleyihlekisa Zuma

Respondent

Thales South Africa (Pty) Ltd

Respondent

Procedural Posture

Criminal Law Application / Reasons for Order Following Dismissal of Application to Remove Prosecutor

Legal Issues

  1. 1 Whether Mr Downer should be removed as public prosecutor in Mr Zuma's criminal trial.
  2. 2 Whether the grounds advanced by Mr Zuma, individually or cumulatively, justify the removal of Mr Downer.
  3. 3 Whether Mr Zuma's right to a fair trial would be violated if Mr Downer remains the prosecutor.

Ratio Decidendi

The court found that all grounds advanced by Mr Zuma for the removal of Mr Downer as prosecutor had been thoroughly canvassed and rejected in previous litigation. The private prosecution of Mr Downer was found by the Supreme Court of Appeal to be an abuse of process, instituted for ulterior motives and unsustainable on the facts. Allegations of information leaks to Ms Maughan and Mr Sole were found to be unsupported by admissible evidence, with previous judgments binding on this court. The argument that Mr Downer is not indispensable was not supported by evidence, and the practical reasons for retaining him as prosecutor were not addressed by Mr Zuma. The court concluded that Mr Zuma's...

Court Disposition

Application for removal of Mr Downer as public prosecutor dismissed.

Orders

  • Mr Downer shall remain the public prosecutor in the criminal proceedings against Mr Zuma.
  • No order as to costs was made.