Zuma and Others v S (8652/2008) [2009] ZAKZPHC 34 (16 July 2009)

Zuma and Others v S (8652/2008) [2009] ZAKZPHC 34 (16 July 2009)

The court found that the applicant's allegations against Adv Downer and others were comprehensively denied and effectively refuted in the answering affidavits. The application was deemed vexatious and an abuse of the amicus curiae procedure, brought for ulterior purposes related to a personal feud rather than genuine public interest. The applicant's conduct, including the timing and publicity surrounding the application, was calculated to cause reputational harm and was not justified by the merits. The withdrawal of the application did not preclude a punitive costs order, as the respondent was entitled to defend against serious allegations. The court held that attorney and client costs,...

Citation
[2009] ZAKZPHC 34
Parties
Applicant: Ashin Ashok Kumar Singh; Respondent: The State; Defendant: Jacob Gedleyihlekisa Zuma; Defendant: THINT Holdings (SA) (Pty) Ltd; Defendant: THINT (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
16 July 2009
Case Number
8652/2008
Procedural Posture
Ancillary Application / Application for Admission as Amicus Curiae and Related Relief; Withdrawal and Costs Determination
Outcome
Application dismissed with costs, including costs of two counsel on the attorney and client scale.
Judges
Nicholson
Legal Topics
Amicus Curiae, Withdrawal of Application, Punitive Costs, Malicious Prosecution, Fair Trial Rights
Civil Procedure Criminal Law Amicus Curiae Withdrawal of Application Punitive Costs Malicious Prosecution Fair Trial Rights

Case Brief

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Parties

Ashin Ashok Kumar Singh

Applicant

The State

Respondent

Jacob Gedleyihlekisa Zuma

Defendant

THINT Holdings (SA) (Pty) Ltd

Defendant

THINT (Pty) Ltd

Defendant

Procedural Posture

Ancillary Application / Application for Admission as Amicus Curiae and Related Relief; Withdrawal and Costs Determination

Legal Issues

  1. 1 Whether the applicant should be admitted as amicus curiae in the criminal proceedings against Zuma and others.
  2. 2 Whether the applicant should be granted leave to lead evidence and make submissions regarding the alleged impropriety of Adv Downer.
  3. 3 Whether the withdrawal of the application precludes a punitive costs order against the applicant.

Ratio Decidendi

The court found that the applicant's allegations against Adv Downer and others were comprehensively denied and effectively refuted in the answering affidavits. The application was deemed vexatious and an abuse of the amicus curiae procedure, brought for ulterior purposes related to a personal feud rather than genuine public interest. The applicant's conduct, including the timing and publicity surrounding the application, was calculated to cause reputational harm and was not justified by the merits. The withdrawal of the application did not preclude a punitive costs order, as the respondent was entitled to defend against serious allegations. The court held that attorney and client costs,...

Court Disposition

Application dismissed with costs, including costs of two counsel on the attorney and client scale.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the State, including the costs of two counsel where employed, on the scale as between attorney and client.