Despite obtaining an order this week allowing them to not face former president Jacob Zuma’s private prosecution, journalist Karyn Maughan and senior counsel Billy Downer found themselves back in the Pietermaritzburg High Court to face Zuma’s private prosecution on Friday morning.
Downer and Maughan sought a postponement, which was successful: the matter has been postponed to November 1
The two, who are accused by Zuma of disclosing his medical information, obtained a victory in June that declared Zuma’s private prosecution unlawful.
They were again successful on Thursday that allowed them not to face his private prosecution, until Zuma’s appeals are finalised.
This is because, once an appeal is lodged, a court’s decision is suspended.
Maughan and Downer said because Zuma had appealed the June judgment (June appeal) setting aside his private prosecution, their rights were continually infringed. This despite winning their case in June to set aside the private prosecution.
On Thursday, the same full bench of the Pietermaritzburg high court that declared his private prosecution unlawful, also ordered that, until Zuma’s appeal had been decided, Maughan and Downer could not be privately prosecuted.
However, Zuma filed a notice of appeal that same day at the Supreme Court of Appeal (SCA) of that very judgment.
This has a domino effect: because he lodged an appeal of Thursday’s judgment, that decision is suspended (August appeal).
As a result of this August appeal, the June decision in favour of Maughan and Downer is also suspended because of Zuma’s earlier appeal (June appeal). This means, effectively, Maughan and Downer must be in court despite two judgments by a full bench in their favour indicating the opposite because Zuma has appealed both decisions.
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