Legal analyst Mpumelelo Zikalala says former President Jacob Zuma has another opportunity to seek leave to appeal but it is unlikely to succeed.
This comes after, the Constitutional Court dismissed Zuma’s latest attempt to force the removal of his prosecutor Billy Downer, which means the multi-billion-rand arms deal will now proceed.
Zuma is currently seeking to privately prosecute Downer and journalist Karen Maughan for the alleged violations of the National Prosecuting Authority Act.
Zikalala says, “He can say he wasn’t really called to go and give his submission. And the court might say it’s the first time it’s dealing with such a matter. It’s never been done before. There may have been certain things that needed clarity. There may have been certain things that the court would have maybe been privy…”
Private prosecution
The South African National Editors’ Forum, the Campaign for Free Expression and Media Monitoring Africa have also made similar applications.
Zuma earlier this year, instituted a private prosecution against Downer and Maughan for allegedly making public his medical records.
Addressing the court on behalf of the Foundation, Advocate Kate Hofmeyr argued that private prosecution raises an important issue for the rule of law.
“We say as the Helen Suzman Foundation, we will make a unique contribution to that case. We are going to submit to the court in due course that on the basis of the initiating document it can be determined that Zuma pursues this prosecution for extraneous purposes to use the machinery of the prosecution to get a public trial in a courtroom which he will cross-exam witnesses who have absolutely nothing to do with the charge he brings against Downer.”
VIDEO: Suzman Foundation, Sanef applies to be friends of the court in Jacob Zuma vs Karyn Maughan matter:
