South Africa Case Law

Maughan v Zuma and Others (12770/22P;13062/22P)

Maughan v Zuma and Others (12770/22P;13062/22P) [2023] ZAKZPHC 59; [2023] 3 All SA 484 (KZP); 2023 (5) SA 467 (KZP); 2023 (2) SACR 435 (KZP) (7 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12770/22P;13062/22P

Judges

Kruger, Henriques, Masipa

The court found that the respondent, Mr Zuma, failed to produce a valid nolle prosequi certificate in respect of Ms Maughan at the time the summons was issued, rendering the private prosecution unlawful. Furthermore, Mr Zuma did not demonstrate a substantial and peculiar interest arising from any injury suffered as required by section 7(1) of the Criminal Procedure Act, as the alleged disclosures did not violate his rights or cause actionable harm. The court held that the private prosecutions were instituted for ulterior purposes, namely to intimidate, harass, and silence the applicants in th…

Source excerpt

• Private Prosecution
• Abuse Of Process
• Slapp Suit
• Freedom Of Expression
• Nolle Prosequi Certificate
• Standing To Prosecute

Barclays Zimbabwe Nominees (Pvt) Ltd. v Black (2438/88)

Barclays Zimbabwe Nominees (Pvt) Ltd. v Black (2438/88) [1990] ZASCA 92; 1990 (4) SA 720 (AD); [1990] 2 All SA 576 (A) (14 September 1990)

Court

Supreme Court of Appeal

Case number

2438/88

Judges

Botha, Milne, F H Grosskopf, Friedman, Nienaber

The Appellate Division held that section 7(1)(a) of the Criminal Procedure Act allows only natural persons, not companies, to bring private prosecutions.

• Private Prosecution
• Interpretation Of Statutes
• Criminal Procedure Act
• Standing To Prosecute
• Private-prosecution
• Statutory-interpretation