Zuma v Downer and Another (788/2023) [2023] ZASCA 132; [2023] 4 All SA 644 (SCA); 2024 (2) SA 356 (SCA); 2024 (1) SACR 589 (SCA) (13 October 2023)

Zuma v Downer and Another (788/2023) [2023] ZASCA 132; [2023] 4 All SA 644 (SCA); 2024 (2) SA 356 (SCA); 2024 (1) SACR 589 (SCA) (13 October 2023)

The Supreme Court of Appeal found that the private prosecution initiated by Mr Zuma against Mr Downer and Ms Maughan was an abuse of process, instituted for ulterior purposes including delaying his criminal trial and removing Mr Downer as prosecutor. The charges were found to be unfounded and unsustainable, with no confidential information disclosed and no cognisable offence committed. The court held that permitting the private prosecution to continue pending appeal would perpetuate the abuse and cause irreparable harm to the respondents, including undermining press freedom and public confidence in the administration of justice. The court rejected Mr Zuma's allegations of bias against the...

Citation
[2023] ZASCA 132
Parties
Appellant: Jacob Gedleyihlekisa Zuma; Respondent: William John Downer; Respondent: Karyn Maughan
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
788/2023
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Pietermaritzburg
Outcome
Appeal dismissed with costs, including those of two counsel, on the attorney and client scale.
Judges
Molemela, Ponnan, Saldulker, Mocumie, Mothle
Legal Topics
Private Prosecution, Abuse of Process, Suspension of Order Pending Appeal, Irreparable Harm, Press Freedom, Punitive Costs
Criminal Law Civil Procedure Private Prosecution Abuse of Process Suspension of Order Pending Appeal Irreparable Harm Press Freedom Punitive Costs

Case Brief

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Parties

Jacob Gedleyihlekisa Zuma

Appellant

William John Downer

Respondent

Karyn Maughan

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Pietermaritzburg

Legal Issues

  1. 1 Whether the private prosecution instituted by Mr Zuma against Mr Downer and Ms Maughan constitutes an abuse of process.
  2. 2 Whether the high court was correct to order that the setting aside of the private prosecution remains in force pending appeal.
  3. 3 Whether Mr Zuma should be permitted to continue the private prosecution while an application for leave to appeal or an appeal is pending.

Ratio Decidendi

The Supreme Court of Appeal found that the private prosecution initiated by Mr Zuma against Mr Downer and Ms Maughan was an abuse of process, instituted for ulterior purposes including delaying his criminal trial and removing Mr Downer as prosecutor. The charges were found to be unfounded and unsustainable, with no confidential information disclosed and no cognisable offence committed. The court held that permitting the private prosecution to continue pending appeal would perpetuate the abuse and cause irreparable harm to the respondents, including undermining press freedom and public confidence in the administration of justice. The court rejected Mr Zuma's allegations of bias against the...

Court Disposition

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

Orders

  • The appeal is dismissed with costs, including those of two counsel, to be paid on the attorney and client scale.
  • The setting aside of the private prosecution remains in force pending the outcome of any appeal against the main judgment.