LIVE UPDATES
KwaZulu-Natal High Court rules in favour of State Advocate and Journalist in Zuma's private prosecution case.
The High Court in Pietermaritzburg in its ruling favoured senior state advocate Billy Downer and News24 specialist legal journalist Karyn Maughan in their enforcement application.
As per the court ruling, any actions related to former president Jacob Zuma's private prosecution against them have been halted with immediate effect, as he appeals the court's decision that invalidated his private prosecution.
The enforcement order grants protection to Maughan and Downer, preventing Zuma from pursuing a private prosecution against them while the appeal process is underway. The two individuals were initially scheduled to appear for their private prosecution summons on Friday.
Zuma's lawyer, Dali Mpofu, had previously stated his intention to automatically appeal the enforcement order if it were granted.
Addressing the issue of Zuma's "Stalingrad strategy," the judges noted that the former president had never disavowed this defence, despite numerous opportunities to do so.
They observed that Zuma's private prosecution served as a precursor to an application for the recusal of Downer as a prosecutor in the main trial, providing evidence of the Stalingrad strategy.
However, the judges emphasized that Maughan and Downer were not challenging the constitutionality of the private prosecution but rather exercising their common law rights to avoid an unlawful prosecution, which they deemed an abuse of power.
The judges also pointed out that Zuma did not address the assertions of irreparable harm from Downer, instead raising irrelevant considerations about Downer's alleged bias and inability to conduct a fair trial.
Maughan, on the other hand, raised concerns about the infringement on her rights to freedom of movement, personal liberty, and the social media abuse she endured due to the private prosecution.
The judges underscored that Zuma did not deny the existence of such abuse. Furthermore, they emphasized that granting the enforcement order would not cause harm to Zuma, as he could reinstitute charges if he succeeded in his appeal against the private prosecution being set aside.
It is noteworthy that Zuma was reportedly out of the country for medical treatment in Russia, but his foundation confirmed his return to South Africa. The court's ruling adds another layer of complexity to the ongoing legal battle surrounding the former president's private prosecution.
