Former president Jacob Zuma’s bid to privately prosecute State advocate Billy Downer, SC, was struck off the court roll at the Pietermaritzburg High Court on Wednesday.
However, the matter is still not over as Zuma has lodged an application for leave to appeal in the Constitutional Court.
Zuma had gone to court to ask that Downer and journalist Karyn Maughan be privately prosecuted for the leaking of his medical records.
Zuma has alleged that Downer violated the National Prosecuting Authority Act by sharing court papers containing his medical information with Maughan.
Downer and Maughan challenged their private prosecution, alleging that it was an abuse of the process of the court and was an attempt by Zuma to delay his arms deal criminal trial where Downer is the lead prosecutor.
The pair’s application was successful in the high court and Zuma’s appeal in the Supreme Court of Appeal was also turned down last year. However, Zuma has since turned to the Concourt.
After the SCA ruling, Downer and Maughan had argued last November that their private prosecution matter should be struck from the court roll.
However, Zuma had wanted the matter to remain on the roll as the Concourt case was still pending.
On Wednesday, Judge Nkosinathi Chili ruled Zuma would not suffer any prejudice if the matter was struck off the roll pending the finalisation of his Concourt appeal.
“I make the following order: the private prosecution by Zuma of Downer and Maughan is removed from the roll,” said Chili.
Zuma has also sought to privately prosecute President Cyril Ramaphosa for failing to act against Downer for the leaking of his medical records.
That matter was postponed to August, in the Gauteng High Court, Johannesburg, last week.
Zuma has been in court for the last few years after the National Prosecuting Authority reinstated his corruption charges on the arms deal saga.
The matter has not yet started as it faces a number of legal challenges by Zuma.
Commenting on the issue on Wednesday, MK head of elections in KwaZulu-Natal, Musa Mkhize, said that they were disappointed by the court’s ruling.
“This matter should have been postponed so that more time could be given and not struck off like it was done.”
Mkhize said they were aware that Zuma had noted the judgment.
The Mercury