NPA gives way for Zuma to seek private prosecution after refusing to prosecute Downer

The National Prosecuting Authority (NPA) has confirmed that the Director of Public Prosecutions in KwaZulu-Natal has issued former president Jacob Zuma with a nolle prosequi certificate, which allows him to pursue private prosecution against State prosecutor Billy Dower.

The NPA declined to prosecute its prosecutor Bully Downer after former president Jacob Zuma laid a criminal charge against him. In October 2021, Zuma laid a charge against Downer at the Pietermaritzburg police station for allegedly leaking his medical records.

“The NPA can confirm that the director of public prosecutions in KwaZulu-Natal (Elaine Zungu) has issued Mr Zuma with a nolle prosequi certificate. A nolle prosequi certificate is issued when the prosecuting authority has declined to prosecute in a particular case to a party that has an interest to pursue private prosecution,” Mthunzi Mhaga, the NPA spokesperson said on Tuesday.

Downer is leading the prosecution in in Zuma’s Arms Deal Case. Zuma accuses Downer of lacking “independence and impartiality” and therefore is therefore unable to conduct a “lawful prosecution” that will uphold his constitutional rights to a fair trial.

Mhaga said Downer has the NPA’s full support and will continue to lead the prosecution team against Zuma and Thales., despite attempts to have him removed. “Mr Zuma has the right to pursue a private prosecution and due process should be followed. Adv Downer will of course defend himself in terms of the various legal remedies available to him. The NPA will support Adv Dower in defending himself against what we consider to be an abusive private prosecution,” Mhaga said.

Source: News24, Daily Maverick, Business Day, The Citizen, Jacaranda FM, image from Jacaranda FM

Doctor Mahlaule

Doctor Mahlaule previously worked as a Freelance Journalist at Find-it SA where he was responsible for writing news articles and sharing them on social media platforms. Doctor Mahlaule holds a Diploma in Journalism, BA in Communication Science and a BA Honours in Media Studies. Doctor began his journey as a knowledge Management and Communications Intern at Zenex Foundation. He was responsible for support in event management, social media, website maintenance, writing and brand management. On weekends Doctor attends prison ministry and shares the scriptures with inmates at Krugersdorp prison and plays soccer in the afternoon on some weekends. He has a passion for reading and writing and enjoys going out with friends and socialising in his spare time. He has a one-year-old son and is planning on getting married soon. When asked about what keeps him going, he said: “My family keeps me going. I’m the man I am because I come from a loving home. I have a very supportive family who always encourages me to keep pushing hard.”

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