Maughan v Zuma and Another; Downer v Zuma and Another (12770/22P; 13062/22P) [2023] ZAKZPHC 75 (3 August 2023)

Maughan v Zuma and Another; Downer v Zuma and Another (12770/22P; 13062/22P) [2023] ZAKZPHC 75 (3 August 2023)

The court found that both applicants had discharged the statutory onus under section 18(3) of the Superior Courts Act. Exceptional circumstances were present due to the abuse of process inherent in the private prosecution, the unique nature of the case involving a journalist and a prosecutor, and the risk of harm to the administration of justice. The applicants demonstrated that they would suffer irreparable harm if the orders were suspended, including infringement of constitutional rights, personal liberty, and exposure to ongoing abuse. The first respondent failed to show any irreparable harm that would result from the orders not being suspended. The court rejected the respondent's...

Citation
[2023] ZAKZPHC 75
Parties
Applicant: Karyn Maughan; Applicant: William John Downer; Respondent: Jacob Gedleyihlekisa Zuma; Respondent: Karyn Maughan
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
3 August 2023
Case Number
12770/22P; 13062/22P
Procedural Posture
Urgent Application / Application for S18(3) Order to Prevent Suspension of Execution Pending Appeal
Outcome
Applications granted. Operation and execution of the orders are not suspended pending appeal. Costs awarded against the first respondent on an attorney and client scale, including costs of two counsel.
Judges
Kruger, Henriques, Masipa
Legal Topics
Private Prosecution, Abuse of Process, Superior Courts Act Section 18, Irreparable Harm, Costs Orders
Criminal Law Civil Procedure Private Prosecution Abuse of Process Superior Courts Act Section 18 Irreparable Harm Costs Orders

Case Brief

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Parties

Karyn Maughan

Applicant

William John Downer

Applicant

Jacob Gedleyihlekisa Zuma

Respondent

Karyn Maughan

Respondent

Procedural Posture

Urgent Application / Application for S18(3) Order to Prevent Suspension of Execution Pending Appeal

Legal Issues

  1. 1 Whether the operation and execution of the orders setting aside the private prosecution and interdicting further steps should be suspended pending applications for leave to appeal or appeals.
  2. 2 Whether the applicants have shown exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act.
  3. 3 Whether the first respondent will suffer irreparable harm if the orders are not suspended.

Ratio Decidendi

The court found that both applicants had discharged the statutory onus under section 18(3) of the Superior Courts Act. Exceptional circumstances were present due to the abuse of process inherent in the private prosecution, the unique nature of the case involving a journalist and a prosecutor, and the risk of harm to the administration of justice. The applicants demonstrated that they would suffer irreparable harm if the orders were suspended, including infringement of constitutional rights, personal liberty, and exposure to ongoing abuse. The first respondent failed to show any irreparable harm that would result from the orders not being suspended. The court rejected the respondent's...

Court Disposition

Applications granted. Operation and execution of the orders are not suspended pending appeal. Costs awarded against the first respondent on an attorney and client scale, including costs of two counsel.

Orders

  • The applications under Case Nos 12770/22P and 13062/22P are enrolled as urgent applications, and non-compliance with Uniform rules of Court is condoned.
  • In Case No: 12770/22P, the operation and execution of paragraphs A1 and A2 of the orders of the Full Bench given on 7 June 2023 shall not be suspended pending the final determination of any applications for leave to appeal or appeals.