Jacob Zuma suffers another legal defeat in private prosecution bid

Former president and MK Party leader Jacob Zuma has faced yet another legal setback after the Constitutional Court dismissed his bid to privately prosecute state prosecutor Billy Downer and journalist Karyn Maughan.

This marks Zuma’s eighth legal defeat in his attempt to pursue a private prosecution against the two.

Constitutional Court Rejects Appeal

On Monday, the Constitutional Court unanimously rejected Zuma’s appeal application, stating that the case lacked merit and did not fall under the court’s jurisdiction.

In a two-page order, the apex court ruled that Zuma’s case did not engage the Constitutional Court’s jurisdiction, meaning it did not meet the legal standard required for the highest court to hear the appeal.

Jacob Zuma

Additionally, Zuma was ordered to pay the legal costs of the case, adding another financial burden to his prolonged legal battles.

Zuma’s Appeal Application

Zuma’s legal team had asked the Constitutional Court to force the Supreme Court of Appeal (SCA) to hear his appeal against a previous dismissal of his private prosecution.

However, the SCA had already rejected Zuma’s case in March 2024, when its President, Mahube Molemela, dismissed his bid for reconsideration.

Molemela found no exceptional circumstances that warranted reconsideration, ruling that Zuma’s application lacked substance.

This ruling upheld an earlier decision by the KwaZulu-Natal High Court, which had also dismissed Zuma’s private prosecution efforts.

Zuma’s ‘Stalingrad’ Legal Strategy

The Pietermaritzburg High Court had previously ruled in June 2023 that Zuma’s attempt to prosecute Downer and Maughan was an “abuse of court processes” and was pursued for ulterior motives.

This ruling was upheld by three full benches of the judiciary, reinforcing the court’s position that Zuma’s legal strategy was part of his long-standing ‘Stalingrad’ defense.

The term “Stalingrad strategy” refers to Zuma’s deliberate use of legal delays and multiple appeals to avoid standing trial for his corruption charges related to the arms deal.

Despite multiple rulings against him, Zuma has continued to appeal, further prolonging his legal battles.

Background: Zuma’s Case Against Downer and Maughan

Zuma’s private prosecution was based on allegations that Downer leaked confidential medical records to journalist Karyn Maughan in August 2021, violating the National Prosecuting Authority (NPA) Act.

However, courts have repeatedly ruled that the case was baseless and that Zuma’s real intention was to delay his own corruption trial.

Zuma’s Arms Deal Corruption Case

While Zuma’s private prosecution battle has captured attention, he is still facing serious criminal charges linked to the 1999 multibillion-rand arms deal.

Zuma and French arms company Thales have been accused of:

• Fraud

• Racketeering

• Money laundering

They are seeking an acquittal, arguing that the State’s delays in prosecuting them have violated their constitutional right to a fair trial.

What’s Next for Zuma?

With this latest legal defeat, Zuma is left with few options.

• He cannot appeal to any higher court, as the Constitutional Court is the final legal authority in South Africa.

• The private prosecution case is now effectively closed.

• He still has to face his corruption trial related to the arms deal, which has been dragging on for years.

Despite these setbacks, Zuma has a history of continuing legal battles even when rulings go against him.

However, with multiple courts rejecting his appeals, the possibility of him finally facing trial for corruption is now stronger than ever.