Rédaction Africa Links 24 with Chris Makhaye
Published on 2024-04-17 11:18:24
Judge Nkosinathi Chili delivered a brief ruling on Wednesday at the court amidst tight security measures in place. Boom Street, where the court is situated, was cordoned off, directing cars and pedestrians to seek alternative routes for access. The presence of various SAPS units, both in plainclothes and in uniform, ensured the security of the court precinct, with additional uMkhonto Wesizwe (MK) party supporters gathered outside the court.
Despite the absence of Jacob Zuma, Billy Downer, and Maughan in court, they were represented by minimal legal teams, lacking their prominent figures. Zuma had initially filed a private prosecution against Downer and Maughan on 5 September 2022, with the aim of removing them from the arms deal case.
Judge Chili’s ruling indicated the removal of the case from the court roll pending Zuma’s appeal in the Constitutional Court against a previous ruling that deemed the private prosecution against Downer and Maughan invalid. Downer and Maughan were required to appear in court on a future date if Zuma’s appeal proved successful.
This ruling was perceived as a victory by Zuma’s legal team and supporters, given the arguments made by Downer and Maughan’s lawyers to strike the case from the roll, claiming its lack of success potential. Zuma had advocated for a postponement of the case until after his Constitutional Court hearing.
Judge Chili addressed the unusual scenario of appealing a private prosecution, stressing the importance of ensuring Zuma’s right to a fair trial and upholding his constitutional rights. He also overturned a previous judgment declaring the private prosecution against Downer and Maughan invalid.
Zuma’s appeal against the orders in the Supreme Court of Appeal paved the way for a potential escalation to the apex court. The outcome of the Constitutional Court’s ruling would determine whether Downer and Maughan stand trial as accused in the private prosecution.
Members of Downer and Maughan’s legal team refrained from commenting on the ruling, anticipating a delay until the Constitutional Court’s decision, which could take several months. Advocate Nqaba Buthelezi declined to discuss the judgment with the media, directing inquiries to his senior, Mr. Ntanga.
Amidst supporters advocating for Zuma outside the court, some MK leaders expressed their satisfaction with the court’s ruling, interpreting it as a step in favor of their leader. The legal battle surrounding Zuma’s private prosecution seemed destined to continue as the case progressed through the appellate courts.
Read the original article on Daily Maverick
